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Civil asset forfeiture is a very specific legal process that can only be initiated by the government against assets seized in the alleged commission of (or deri
by gamblor956 6y ago
Civil asset forfeiture is a very specific legal process that can only be initiated by the government against assets seized in the alleged commission of (or derived from) criminal activity.
Private citizens cannot use civil forfeiture against other private citizens.
However, you are correct that the underlying legal theory has been around in some form for hundreds of years dating back to medieval England.
- anonunivgrad 6y agoThat's not what I mean. I mean the burden of proof and due process is the same as if I sued you for, e.g., injuring or stealing from me.
- gamblor956 6y agoNo its not. The burden of proof is on the property to prove that it is not linked to the crime alleged.
- anonunivgrad 6y agoThat's not true. The government must prove, by a prepondernace of the evidence, that the property is linked to crime.
- gamblor956 6y agoNo, that's not true at the state level. I've actually handled CAF cases before. Have you?