WELL, GOOD: California Legislature Adopts Bill That Would Make It Tougher for Government to Take Your Stuff.
California’s state forfeiture laws are already more protective of property owners than those of most other states. Under current state law, the evidentiary standard in most civil forfeiture cases is “beyond a reasonable doubt” and a conviction is required; only in drug cases dealing with seized cash of more than $25,000 is that standard lowered to clear and convincing evidence.
Unlike many states and the federal government, in innocent owner cases, California law establishes that the state bears the burden—as it should—of proving that a property owner “consented to the use of the property with knowledge that it would be or was used for a purpose for which forfeiture is permitted.”
But California law is not perfect. Law enforcement agencies that engage in property seizures, as well as the prosecutors who handle forfeiture cases, are able to receive a combined total of 66.25 percent of any resulting proceeds. This direct financial interest in the outcomes of cases not only creates a conflict of interest, it has the potential to warp the priorities of law enforcement officials.
Civil asset forfeiture is a wretched hive of scum and villainy. Governor Jerry Brown should sign this bill into law.