Montana Now Requires Government To Obtain A Criminal Conviction For Asset Forfeiture

[votesparks]

Montana Gov. Steve Bullock signed a law that requires the government to first obtain a criminal conviction before taking and keeping someone’s property through civil forfeiture.

This legislation also shifts the burden of proof onto the government—where it belongs—when spouses, neighbors and other innocent owners try to get back property used by a suspect without their knowledge. Montana’s civil forfeiture reforms are vital to restore due process and protect the property rights of the innocent.

[procon]

1. This should be a national law.

There are far too many towns that use forfeiture as a primary revenue source, and it should come as no surprize that the poor are repeatedly victimized by their local government officials who target citizens out of vengeance and retribution and an excess of power.

[cui bono]

4. Absolutely!

[valerief]

6. There shouldn't be a war on drugs that allows this law to exist at all. nt

[secondvariety]

7. I agree.

[Suich]

2. Excellent!

Let's hope other states follow suit!

[SwissTony]

3. I couldn't believe this when I heard about it.

Thank goodness, some states look like they're going to reverse the legislation.

Most, if not all of you, will have seen John Oliver's take on it. If not, ...

[Ed Suspicious]

5. Fantastic. A huge step in the right direction. Good on you, Montana.

[markpkessinger]

8. It's a step in the right direction . . .

. . . But I think the state should be required to make a showing that any assets to be seized were, in fact, either used in the commission of the crime for which the person has been convicted, or were obtained as a result of committing the crime for which the person was convicted. And yes, that would be tough in many cases to prove. So better yet, just repeal these dubious laws altogether!