Asset Forfeiture and Police "wish lists."

[Forever_frost]

IMO, the only time seizure should come into play is if they can prove that the items being seized / forfeited were obtained through nefarious means (or with the proceeds of nefarious deeds). And only after reviewed / approved by a judge.

I think it should be only permitted after you are convicted of a crime where you used said asset to commit it. Unless you have due process, the constitution states you cannot be deprived of life, liberty or property.

[Chili]

I think it should be only permitted after you are convicted of a crime where you used said asset to commit it. Unless you have due process, the constitution states you cannot be deprived of life, liberty or property.

See, I don't agree with that part, because that leaves the door open to innocent people getting screwed. A family member borrows my car to run to the store. Only, what I didn't know is that they were actually going there to rob it.. He gets convicted, then I lose my car. Nope, I don't think that's right.

As far as being convicted, I am good with that though I know I didn't specifically state it. I did imply it by saying they would have to prove it was obtained by proceeds of illegal activity.

[Forever_frost]

I'm more for a conviction BEFORE seizure than seizure and zero charges at all. I'm finding a 'middle ground'.

[dcs13]

There seems (in my opinion) a lack of understanding of the process involved in seizing property...Perhaps a little insight might be helpful...
Chapter 59 ccp in Texas is the asset forfeiture statute. Should you care to look at the "law" as it's written. You can get there 2 ways basically, property used in the commission of a crime (listed in CCP 59) or the "proceeds" of said crimes.
As for "application" of said law. Let's say the local PD seizes a car that was used to transport 2 kilos from the border. They stop the car and get the drugs and arrest the owner... The PD files a criminal case for the drug offense. They then file a SEPARATE civil case against against the car. They name the owner/driver as a party to the suit. (per DA rules, this case has to be filed within 10 working days). When the civil case is filed with the DA it is reviewed AGAIN for merit and substance. The case was already reviewed at the PD by a ranking officer or legal advisor.
If the DA likes the case, it moves forward and the civil case is handled by the court like any other in front of a judge. Each side presents their case and the judge rules who prevails. This is completely separate from the criminal case.
Depending on the agreement with said PD, the DA takes a cut of seizure cases (for their work in representing the the case in court). It's usually a percentage of the value of the property.
Ownership issues can be problems in seizure cases. DA's don't like cases where the ownership isn't real cut and dry. Generally, They're not even gonna take a case where a true innocent owner is impacted. Say Jr. was driving a car registered to his dad and does an armed robbery and gets caught. Unless dad says , yes that's Jrs. car, only he drives it, I never drive it, I don't pay for it, etc... would they proceed on a case.
There's a whole lot more to this stiff, but that's a 411 in the REAL world.
As for abuses, there was a Frisco cop that got arrested cause he fudged on a seizure. He lied, and they arrested him and filed the case. I think he plead guilty.