Forfeiture reforms move closer to becoming law

Audio By Carbonatix

Without a single dissent, state senators approved changes Monday in Arizona laws designed to sharply curb the ability of prosecutors and police to seize property.

The measure includes a new requirement that prosecutors must prove by “clear and convincing evidence” that the items they want to seize were involved in criminal activity.

That’s not quite the standard used in gaining a criminal conviction where a judge or jury must believe someone is guilty “beyond a reasonable doubt” before depriving a person of his or her freedom.

But it’s much more than exists now, where all a prosecutor need show is that the “preponderance of the evidence” shows a link between the property and a crime. That is basically a balancing test, meaning all a judge need find is that the evidence shows it’s more likely than not there is a link.

And what makes this change so important is that police and prosecutors can take someone’s property without ever charging the owner with actually committing a crime, much less actually getting a conviction.

But Rep. Eddie Farnsworth, R-Gilbert, who has championed the changes, said the potentially more far-reaching provisions will remove the financial impediment that now exists for people to fight to get back property they believe was unfairly and illegally seized.

Read more at AZ Capitol Times

Corrie O'Connor