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Alabama Reins in Confiscations of Private Property

New law addresses 'civil forfeiture' procedures

by Bob Unruh
June 5, 2021
in Defending Our Rights
Reading Time: 5 mins read
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Alabama Reins in Confiscations of Private Property

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Civil forfeiture long has been identified as a problem created by prosecutors and police that injures residents, and groups like the Institute for Justice have battled it over and over.

Article by Bob Unruh from WND.

Now the organization is declaring a victory in the state of Alabama, where a new law addresses the confiscation program that took 186 vehicles and nearly $4.9 million in cash as recently as 2019, without any requirement that police accuse someone of a crime..

The process is common across the nation and the Institute’s own Policing for Profit analysis confirmed the state was especially bad, requiring only a “reasonable satisfaction” standard for police to take cars and cash, few protections for third-party owners who must “prove their own innocence” and a motive that includes 100% of the proceeds going to cops.

The organization reported that the contentious issue was addressed in a bill signed recently by Alabama Gov. Kay Ivey.

“Alabama has long had some of the nation’s worst civil forfeiture laws, receiving a D- in a 2020 report by the Institute for Justice,” the organization confirmed.

However, “Under the new law, agencies are banned from seizing and forfeiting cash under $250 and vehicles valued at less than $5,000, while district attorneys can set those threshold levels even higher. Though civil forfeiture is often defended as a way to target drug kingpins, many forfeiture cases involve relatively small amounts. A 2018 report by Alabama Appleseed and the Southern Poverty Law Center revealed that half of all cash seizures involved amounts under $1,372,” the institute reported.

“Civil forfeiture is one of the greatest threats to private property in Alabama,” explained Institute for Justice Counsel Lee McGrath. “By setting minimum dollar thresholds for currency and vehicles, Alabama becomes one of the very few states to address the problem of thousands of low-value seizures. This is an innovative reform because it is irrational for even the most innocent property owner to pay a lawyer to litigate the return of $250 or an old car.”

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Sen. Arthur Orr and Rep. Andrew Sorrell cosponsored the plan and noted it will “restore the presumption of innocence by requiring the government to show that owners are not innocent before taking title to their property.”

Further, no longer will officers be allowed to force owners to relinquish their rights to the property.

And it will “prohibit state and local law enforcement from transferring seized property to the federal government, except for cases involving more than $10,000 in cash, through a federal program known as ‘adoptive’ forfeiture. Over the past two decades, Alabama agencies collected more than $104 million in federal forfeiture funds.”

According to the Alabama Reporter, the new law “would provide due process protections for owners of property seized without a warrant by requiring the prosecuting authority to obtain a post-seizure seizure order from the court within a certain timeframe.”

And it would require a finding of probable cause by the court before a forfeiture action may be instituted.

“Sponsors said that the purpose of the legislation is to deter criminal drug activity by reducing its economic incentives, confiscate property used in the violation of law and disgorge the fruits of illegal conduct relating to drug offenses, and protect the due process rights of property owners,” the Reporter said.



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Just when we thought the Covid-19 lockdowns were ending and our ability to stay afloat was improving, censorship reared its ugly head.

For the last few months, NOQ Report, Conservative Playbook, and the American Conservative Movement have appealed to our readers for assistance in staying afloat through Covid-19 lockdowns. The downturn in the economy has limited our ability to generate proper ad revenue just as our traffic was skyrocketing. We had our first sustained stretch of three months with over a million visitors in November, December, and January, but February saw a dip.

It wasn’t just the shortened month. We expected that. We also expected the continuation of dropping traffic from “woke” Big Tech companies like Google, Facebook, and Twitter, but it has actually been much worse than anticipated. Our Twitter account was banned. Both of our YouTube accounts were banned. Facebook “fact-checks” everything we post. Spotify canceled us. Medium canceled us. Apple canceled us. Why? Because we believe in the truth prevailing, and that means we will continue to discuss “taboo” topics.

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The 2020 presidential election was stolen. You can’t say that on Big Tech platforms without risking cancellation, but we’d rather get cancelled for telling the truth rather than staying around to repeat mainstream media’s lies. They have been covering it up since before the election and they’ve convinced the vast majority of conservative news outlets that they will be harmed if they continue to discuss voter fraud. We refuse to back down. The truth is the truth.

The lies associated with Covid-19 are only slightly more prevalent than the suppression of valid scientific information that runs counter to the prescribed narrative. We should be allowed to ask questions about the vaccines, for example, as there is ample evidence for concern. One does not have to be an “anti-vaxxer” in order to want answers about vaccines that are still considered experimental and that have a track record in a short period of time of having side-effects, including death. One of our stories about the Johnson & Johnson “vaccine” causing blood clots was “fact-checked” and removed one day before the government hit the brakes on it. These questions and news items are not allowed on Big Tech which is just another reason we are getting canceled.

There are more topics that they refuse to allow. In turn, we refuse to stop discussing them. This is why we desperately need your help. The best way NOQ, CP, and ACM readers can help is to donate. Our Giving Fuel page makes it easy to donate one-time or monthly. Alternatively, you can donate through PayPal as well. We are pacing to be short by about $3700 per month in order to maintain operations.

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During that four-month stretch, Twitter and Facebook accounted for about 20% of our traffic. We are actively working on operating as if that traffic is zero, replacing it with platforms that operate more freely such as Gab, Parler, and others. While we were never as dependent on Big Tech as most conservative sites, we’d like to be completely free from them. That doesn’t mean we will block them, but we refuse to be beholden to companies that absolutely despise us simply because of our political ideology.

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For us to continue to deliver the truth that Americans need to read and hear, we ask you, our amazing audience, for financial assistance. We just launched a GiveSendGo page to help us pay the bills. It’s brand new so don’t be discouraged by the lack of donations there. It’s a funny reality that the fewer the donations that have been made, the less likely people are willing to donate to it. One would think this is counterintuitive, but sometimes people are skeptical because they think that perhaps there’s a reason others haven’t been donating. In our situation, we’re just getting started so please don’t be shy if you have the means to help.

Thank you and God bless!

JD Rucker

When preparing for societal collapse, don’t forget the water!

Tags: AlabamaCivil Asset ForfeitureWND
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