I should point out that the extremely liberal laws regarding property seizures only apply in drug and child porn cases, so far as I know. Normally, property can only be seized and sold at auction by the gov't after it has been proven to have been a)used in the commission of a crime, or b)purchased with ill-gotten gains (eg stolen money). However, in drug-related cases and child porn cases (practically the same crime, right?), all the Feds need is "Suspicion" - no evidence needs to be submitted, they just have to have reason to suspect one of the two cases outlined above. The realy egregious cases occur when the Feds steal your property, sell it at auction, and then later decide the case against you isn't strong enough to prosecute. Sure, you're free, but you don't get the opportunity to prove your innocence if you never have a day in court. In those cases, the only way you even get a fraction of the money back is if you can prove (in civil litigation) that the cops were maliciously targeting you - in other words, hope for a miracle. Incidentally, this is how Jock Sturgis, the San francisco photographer, lost his mansion. Many other examples of forfeiture exceses can be found at marijuananews.
Slashdot Mirror
I should point out that the extremely liberal laws regarding property seizures only apply in drug and child porn cases, so far as I know. Normally, property can only be seized and sold at auction by the gov't after it has been proven to have been a)used in the commission of a crime, or b)purchased with ill-gotten gains (eg stolen money). However, in drug-related cases and child porn cases (practically the same crime, right?), all the Feds need is "Suspicion" - no evidence needs to be submitted, they just have to have reason to suspect one of the two cases outlined above. The realy egregious cases occur when the Feds steal your property, sell it at auction, and then later decide the case against you isn't strong enough to prosecute. Sure, you're free, but you don't get the opportunity to prove your innocence if you never have a day in court. In those cases, the only way you even get a fraction of the money back is if you can prove (in civil litigation) that the cops were maliciously targeting you - in other words, hope for a miracle. Incidentally, this is how Jock Sturgis, the San francisco photographer, lost his mansion. Many other examples of forfeiture exceses can be found at marijuananews.