As others see it: Forfeiture laws need reform

Talk about it

What if you were accused of a crime and forced to prove your innocence while the police and prosecutor had no burden to show you did anything wrong?

Minnesotans would be outraged at losing the long-held principle of being presumed innocent until proven guilty. Unfortunately, the state’s asset-forfeiture law presumes people guilty, even without solid evidence. ...

Forfeiture laws allow for law enforcement to seize property on mere suspicions and a person doesn’t have to be arrested, charged or even accused of a specific crime to have property seized. The property can be kept or sold by law enforcement, for their benefit.

Those that do lose property are put in the untenable — and costly — position of proving they are innocent.

The Legislature needs to reform the law to require that people first be convicted before attempts are made to seize their property, make it easier for innocent owners to get their property back and require the profits from seized property be put in the state general budget — or elsewhere — to remove any financial incentive by law enforcement to take property. ...

Lawmakers are being pressured by law enforcement and prosecutors to maintain the forfeiture law. But the fact most cops do their job honestly is not reason to maintain a flawed forfeiture system that attacks the very concepts of private property ownership. ...

The Free Press of Mankato

Tags: law enforcement, opinion, editorials, minnesota, political, legislature, forfeiture, police