Nebraska bans civil forfeiture without a criminal conviction
Good news: A Nebraska law passed and signed in April has banned the police from confiscating any private property prior to a criminal conviction.
Now that the Nebraska bill has been signed into law, innocent property owners will have some rather significant new protections, the most significant of which is the requirement for a criminal conviction. Believe it or not, under civil forfeiture laws, no convictions need to be obtained—nor even any charge filed—to permanently forfeit property. Nebraska’s decision to require a conviction essentially eliminates civil forfeiture in the state.
The state may still forfeit property, but only after obtaining a conviction on drug, child pornography, or illegal gambling charges, and then only after demonstrating by clear and convincing evidence that the property in question was used or intended to be used in the commission of the crime, or that it represented the illicit “fruits” of the criminal activity.
The law was passed back in April but I missed the story. Hat tip to reader Tim Vogel for letting me know.
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Good news: A Nebraska law passed and signed in April has banned the police from confiscating any private property prior to a criminal conviction.
Now that the Nebraska bill has been signed into law, innocent property owners will have some rather significant new protections, the most significant of which is the requirement for a criminal conviction. Believe it or not, under civil forfeiture laws, no convictions need to be obtained—nor even any charge filed—to permanently forfeit property. Nebraska’s decision to require a conviction essentially eliminates civil forfeiture in the state.
The state may still forfeit property, but only after obtaining a conviction on drug, child pornography, or illegal gambling charges, and then only after demonstrating by clear and convincing evidence that the property in question was used or intended to be used in the commission of the crime, or that it represented the illicit “fruits” of the criminal activity.
The law was passed back in April but I missed the story. Hat tip to reader Tim Vogel for letting me know.
Readers!
Every February I run a fund-raising drive during my birthday month. This year I celebrate my 72nd birthday, and hope and plan to continue writing and posting on Behind the Black for as long as I am able.
I hope my readers will support this effort. As I did in my November fund-raising drive, I am offering autographed copies of my books for large donations. Donate $250 and you can have a choice of the hardback of either Genesis: the Story of Apollo 8 or Conscious Choice: The origins of slavery in America and why it matters today and for our future in outer space. Donate $200 and you can get an autographed paperback copy of either. IMPORTANT! If you donate enough to get a book, please email me separately to tell me which book you want and the address to mail it to.
Please consider supporting my work here at Behind the Black. My analysis of space, politics, and culture, taken from the perspective of an historian, is almost always on the money and ahead of the game. For example, in 2020 I correctly predicted that the COVID panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Every one of those 2020 conclusions has turned out right.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
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