What Is It Called When The Police Comes Get Your Money In Your Trying To Get It Back
Through a process chosen ceremonious forfeiture, the government tin seize your coin if they believe it is linked to a crime.
On Dec. vii, 2021, a Dallas, Texas, tv station published a story about a Chiliad-9 officer that helped constabulary seize a bag with more than $100,000 at the Love Field Airdrome. The station's tweet about the story was shared more than than five,000 times and led to some people questioning why the money was seized.
Readers noted that the story pointed out the person who owned the bag was not arrested. One person responded, "Is information technology illegal to take money?" Another person, whose response was retweeted more than vi,000 times, said that constabulary tin can seize people's coin even if they are non charged with a crime.
THE QUESTION
Can law in nigh states seize your coin fifty-fifty if you're not charged with a crime?
THE SOURCES
THE ANSWER
Yes, police in near states tin seize your coin even if you're non charged with a crime.
Through a procedure chosen civil forfeiture, the regime tin can seize your money if they believe it is linked with a crime. To get the coin back, owners often must show they are unaware of the illegal conduct or did all they could to stop the illegal activity.
WHAT We FOUND
The practice of seizing and keeping holding suspected of being used in criminal activity is known every bit nugget forfeiture
"Asset forfeiture is designed to deprive criminals of the proceeds of their crimes, to break the financial courage of organized criminal syndicates and drug cartels, and to recover property that may exist used to recoup victims and deter crime," the U.S. Section of Justice (DOJ) says.
There are three types of asset forfeiture: criminal, civil and administrative. The story virtually more than than $100,000 beingness seized at a Dallas airport is an case of the civil forfeiture process, which is what we'll focus on.
Most states and the federal authorities have civil forfeiture laws.
In a civil forfeiture case, the authorities brings action against the property, meaning the defendant in the case is the property itself and criminal charges don't have to be filed against the owner, according to the DOJ. If challenged, the government, as a ground for forfeiture, must then show in court that there is a connexion between the property and illegal activity. To get their belongings back, owners often must show they were unaware of the illegal conduct or did all they could to finish the illegal activity.
The regime says civil forfeiture helps impede criminal activity. Critics fence civil forfeiture limits the due procedure rights of property owners because they don't have to exist involved in a law-breaking to lose their property.
The Constitute for Justice, a nonprofit that advocates for the terminate of civil forfeiture, says four states take abolished civil forfeiture and use criminal law to forfeit property. Those states are North Carolina, New United mexican states, Nebraska and Maine.
Several other states crave a criminal conviction before beginning civil forfeiture proceedings, but Texas, where the seizure of more than $100,000 took identify, does not.
Dallas police claimed in a written report that the money seized at the airdrome was function of a drug trafficking investigation, even though the traveler wasn't arrested.
While in that location is a process in Texas to become the money back, Texas Appleseed, which works on criminal justice reform, says defenses are usually expensive and a majority of cases go uncontested.
States can also work with the federal government on civil forfeiture cases through a federal program called equitable sharing. The partnership allows local and state law enforcement agencies to transfer seized property to the federal authorities for federal forfeiture. The state or local bureau could then get some of the net proceeds of the forfeiture.
The DOJ says the plan provides additional resources and strengthens cooperation between federal, state and local police force enforcement agencies. Opponents argue equitable sharing gives law enforcement a fiscal stake in seizures.
The type of seized assets that can be transferred to the federal regime is dependent on country police. The Constitute for Justice says eight states and the District of Columbia have passed laws to limit equitable sharing. For example, Maine only allows equitable sharing in cases when more than than $100,000 in greenbacks is seized.
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Source: https://www.verifythis.com/article/news/verify/money-verify/civil-forfeiture-police-seize-money-crime/536-294d52d5-50b0-4775-b466-79be1d9e2d17
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