New Hampshire Is 11th State To Requires Criminal Conviction Before Using Civil Asset Forfeiture
by Brittany Hunter: It’s been a year of mixed emotions when it comes to the issue of civil asset forfeiture reform. On one hand, a string of local victories has invigorated activists committed to reigning in the practice and limiting its potential for abuse against individuals suspected of committing a crime.
On the other hand, the Department of Justice’s (DOJ) decision to reinstate the Equitable Sharing Program after a brief hiatus downplayed the state victories by incentivizing local law enforcement to circumvent state restrictions to asset forfeiture, and partner with the federal government to continue the practice of policing for profit.
However, in the midst of this tug-o-war between proponents and opponents of the practice of civil asset forfeiture, New Hampshire becomes the latest state to pass legislation reforming civil forfeiture.
On Friday, Governor Maggie Hassan signed SB 522 into law, making New Hampshire the 11th state to prohibit the practice of asset forfeiture unless the suspect in question has been convicted of a crime.
Perhaps the most controversial aspect of the civil asset forfeiture is its use against those who have not yet been convicted of a crime. Since this presents many opportunities for abuse, New Hampshire’s new law establishes the perquisite of a criminal conviction before this legal tool can be used.
Additionally, the new legislation will protect property owners suspected of a wrongdoing by placing the burden of proof on law enforcement, who must provide “clear and convincing evidence” that the suspect has committed a crime.
Previously, a person pulled over for a routine traffic violation who also happens to be carrying cash in their vehicle could be subject to civil forfeiture for simply having large sums of money in their car. This has been used to seize property from all sorts of people, including a pastor who was collecting money for an orphanage.
Though New Hampshire is moving in the right direction when it comes to reforming civil asset forfeiture, the new legislation does not address or seek to end the act of policing for profit. Once someone’s property is seized, it becomes increasingly difficult for the property owner to reclaim their property.
Property owners must jump through costly legal hoops that almost appear to be rigged against them. The property owner is left not only defending their own innocence, but the innocence of their property as well. For those who are unable to get their seized property back, that property, which often includes large sums of money, is forfeited to the state.
Once property has been forfeited, local law enforcement agencies can keep up to 45 percent of the seized property. In New Hampshire, an additional 45 percent is funneled to the state’s drug forfeiture fund.
This serves to incentivize law enforcement to continue this practice, since there is a clear benefit for them to do so. Additionally, since it is so difficult to get property back once seized, the likelihood that the property will be forfeited and end up in the hands of the government is very high.
While all degrees of civil asset forfeiture reform are applauded, until we can fully end the practice of policing for profit, civil forfeiture will continue to be a tool that is ripe for abuse.
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Brittany Hunter is a Staff Contributor at Generation Opportunity who shared this article with the ARRA News Service.
Tags: Generation Opportunity, Brittany Hunter, New Hampshire, 11th State, Requires Criminal Conviction, Before, Civil Asset Forfeiture To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. and "Like" Facebook Page - Thanks!
On the other hand, the Department of Justice’s (DOJ) decision to reinstate the Equitable Sharing Program after a brief hiatus downplayed the state victories by incentivizing local law enforcement to circumvent state restrictions to asset forfeiture, and partner with the federal government to continue the practice of policing for profit.
However, in the midst of this tug-o-war between proponents and opponents of the practice of civil asset forfeiture, New Hampshire becomes the latest state to pass legislation reforming civil forfeiture.
On Friday, Governor Maggie Hassan signed SB 522 into law, making New Hampshire the 11th state to prohibit the practice of asset forfeiture unless the suspect in question has been convicted of a crime.
Perhaps the most controversial aspect of the civil asset forfeiture is its use against those who have not yet been convicted of a crime. Since this presents many opportunities for abuse, New Hampshire’s new law establishes the perquisite of a criminal conviction before this legal tool can be used.
Additionally, the new legislation will protect property owners suspected of a wrongdoing by placing the burden of proof on law enforcement, who must provide “clear and convincing evidence” that the suspect has committed a crime.
Previously, a person pulled over for a routine traffic violation who also happens to be carrying cash in their vehicle could be subject to civil forfeiture for simply having large sums of money in their car. This has been used to seize property from all sorts of people, including a pastor who was collecting money for an orphanage.
Though New Hampshire is moving in the right direction when it comes to reforming civil asset forfeiture, the new legislation does not address or seek to end the act of policing for profit. Once someone’s property is seized, it becomes increasingly difficult for the property owner to reclaim their property.
Property owners must jump through costly legal hoops that almost appear to be rigged against them. The property owner is left not only defending their own innocence, but the innocence of their property as well. For those who are unable to get their seized property back, that property, which often includes large sums of money, is forfeited to the state.
Once property has been forfeited, local law enforcement agencies can keep up to 45 percent of the seized property. In New Hampshire, an additional 45 percent is funneled to the state’s drug forfeiture fund.
This serves to incentivize law enforcement to continue this practice, since there is a clear benefit for them to do so. Additionally, since it is so difficult to get property back once seized, the likelihood that the property will be forfeited and end up in the hands of the government is very high.
While all degrees of civil asset forfeiture reform are applauded, until we can fully end the practice of policing for profit, civil forfeiture will continue to be a tool that is ripe for abuse.
---------------
Brittany Hunter is a Staff Contributor at Generation Opportunity who shared this article with the ARRA News Service.
Tags: Generation Opportunity, Brittany Hunter, New Hampshire, 11th State, Requires Criminal Conviction, Before, Civil Asset Forfeiture To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. and "Like" Facebook Page - Thanks!
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