Sen. Rand Paul yesterday introduced S. 2644, the FAIR (Fifth Amendment Integrity Restoration) Act, which would protect the rights of citizens and restore the Fifth Amendment’s role in seizing property without due process of law. Under current law, law enforcement agencies may take property suspected of involvement in crime without ever charging, let alone convicting, the property owner. In addition, state agencies routinely use federal asset forfeiture laws; ignoring state regulations to confiscate and receive financial proceeds from forfeited property.The bill would also require states “to abide by state law when forfeiting seized property.” This is important.
The FAIR Act would change federal law and protect the rights of property owners by requiring that the government prove its case with clear and convincing evidence before forfeiting seized property.
And so is this:
Which brings us to a final important provision in the bill: It would “would remove the profit incentive for forfeiture by redirecting forfeitures assets from the Attorney General’s Asset Forfeiture Fund to the Treasury’s General Fund.”
This is where a lot of agencies will really scream; they want that money they take with this racket. Some of them have come to actually depend on it for stuff(say, they want some new cars or radios or computers and either won't ask for an appropriation or can't get it; use asset forfeiture to steal property and sell it for the money).
Which is why this really needs to be done. Get rid of this crap. If you can't prove a crime, stop stealing property.