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!
My annual February birthday fund-raising drive for Behind the Black is now over. Thank you to everyone who donated or subscribed. While not a record-setter, the donations were more than sufficient and slightly above average.
As I have said many times before, I can’t express what it means to me to get such support, especially as no one is required to pay anything to read my work. Thank you all again!
For those readers who like my work here at Behind the Black and haven't contributed so far, please consider donating or subscribing. 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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