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Challenges to Civil Asset Forfeiture

In response to widespread reports of civil rights violations and crime caused by the aggressive use of civil asset forfeiture by law enforcement, various legislative reforms have been enacted to curtail forfeiture abuses. For example, new laws require that assets can only be seized if there is first a criminal conviction; other laws prevent law enforcement from keeping and profiting from the assets by requiring the proceeds to used to fund public education or drug treatment. In 2002, The New Mexico Drug Policy Project supported successful forfeiture reform legislation that requires a criminal conviction and proof that the property was used in or is the fruit of criminal activity before it can be seized and forfeited. Oregon recent enacted legislation that requires a conviction before forfeiture and prevents law enforcement from using the proceeds.



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