28 votes

Kansas Legislature brings gavel down on civil asset seizure powers of law enforcement

Posted by boxer_dogs_dance
Tags: usa.ks, civil asset forfeiture, law, legislation, police, drug enforcement administration, author.tim carpenter, source.kansasreflector
https://kansasreflector.com/2024/04/11/kansas-legislature-brings-gavel-down-on-civil-asset-seizure-powers-of-law-enforcement/

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Authors
Tim Carpenter, Sherman Smith, Rachel Mipro
Published
Apr 11 2024
Word count
1532 words

5 comments

  1. [3]
    0x29A
    Link
    How effective will this be in light of this:

    How effective will this be in light of this:

    Haley said he was disappointed the final package didn’t include a provision allowing defendants in seizure cases to request a jury trial. That was one provision sought by Finney to help level the judicial playing field, he said.

    “It’s important there be a neutral tribunal, like a jury, that could be impaneled to make that decision,” Haley said. “I look forward to a better day.”

    Warren, the senator who led negotiations on the civil asset legislation, said the bill ought to be viewed as an “incremental” step in a process that could eventually weave into state law the right to a jury trial in seizure actions.

    “There was strong opposition from the law enforcement community to the jury trial provision,” Warren said.

    10 votes
    1. [2]
      TMarkos
      Link Parent
      Perfect is the enemy of good. This bill contains several decent changes to curb the most egregious abuses of civil asset forfeiture, and even if it doesn't reach the high mark they set for it will...

      Perfect is the enemy of good. This bill contains several decent changes to curb the most egregious abuses of civil asset forfeiture, and even if it doesn't reach the high mark they set for it will do a lot of good simply by removing drug crimes from consideration for asset forfeiture and tightening up the deadlines for law enforcement to respond to challenges. Those are noteworthy reforms even if the overall state of the law post-passage is not where it should be.

      13 votes
      1. 0x29A
        Link Parent
        Ah, true. Removing an entire category of crimes from even being considered for asset forfeiture is for sure a worthwhile reform. Aside from that, most of what I was reading just felt like...

        Ah, true. Removing an entire category of crimes from even being considered for asset forfeiture is for sure a worthwhile reform.

        Aside from that, most of what I was reading just felt like procedural stuff that will just reorganize / refocus how they abuse the system, rather than preventing abuse (just moving around how quickly and when and how things get rubber stamped, which is how it feels sometimes- that supposed checks and balances are usually just in on the abuse in the first place)

        9 votes
  2. [2]
    cfabbro
    Link
    Changed the link to the cited original source, since the one submitted appears to have just copied the CC licensed article from there but also injected a bunch of ads all throughout it. /offtopic

    Changed the link to the cited original source, since the one submitted appears to have just copied the CC licensed article from there but also injected a bunch of ads all throughout it.

    /offtopic

    7 votes