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Kansas measure aims to change forfeiture laws

Associated Press - February 21, 2016 1:49 pm

Kansas lawmakers are opting not to act this year on questions raised by an audit critical of the state's asset forfeiture laws. Instead, they are asking a judicial advisory group to review potential changes.

A bill in the Kansas Legislature would change the current forfeiture law and require that a person has to be convicted of a crime before the state can take their property.

Kansas’ current forfeiture law does not require a person to be convicted of a crime before law enforcement can take property they believe was used in a crime.

The Lawrence Journal World reports (http://bit.ly/1QD067Y) a forfeiture case is civil, not criminal, and law enforcement must prove by a preponderance of evidence rather than beyond a reasonable doubt that the seized property was used in a crime.

The new measure would require individuals be convicted of a crime before they can have their property taken.

Several law enforcement agencies oppose the measure because forfeitures provide police agencies with needed funding.

Information from: Lawrence (Kan.) Journal-World, http://www.ljworld.com.

Brad Cooper

February 22, 2016 at 1:00 pm

This is the beginning of the media propaganda to “fix” forfeiture laws. Simply requiring a conviction before law enforcement seizes a persons property will also be misused by police. Every quote you read about seizures says basically this: “We use these laws to take the profit away from all these organized rackets and dope peddlers”. How about a conviction for a crime in which the convicted actually PROFITED from the crime?

As it stands now, a huge list of illegal activites, any of which a LEO can provide proof beyond a preponderence of the evidence (the civil court burden), allows for seizure of a citizens property:


medicaid fraud
unlawful conduct of dog fighting and unlawful possession of dog fighting paraphernalia unlawful conduct of cockfighting and unlawful possession of cockfighting paraphernalia prostitution,
violations of K.S.A. 2010 Supp. 21-36a16, and amendments thereto;
unlawful discharge of a firearm
theft which is classified as a felony violation pursuant to K.S.A. 21-3701, and amendments thereto, in which the property taken was livestock;
violations of K.S.A. 2010 Supp. 21-36a01 through 21-36a17, and amendments thereto;

You see, contrary to all of the “talking points”, law enforcement can seize property from otherwise innocent citizens, not because the are PROFITING from crime, but simply committing a crime.

Can you say “double jeopardy”? Our sham government has pulled the wool over our eyes and now, in the name of “fixing” things, they are only invonveniencing law enforcement a little bit more.

The point that really stings our local honorable LEO community is not that they are going to require a conviction before stealing from the peons, its that the money will go to the state general fund. That is unacceptable. Then how will they drive those cool cars saying “taken from a drug dealer” when the person they took the vehicle from was never charged nor convicted of being a “drug dealer”

The sheep will stay quiet as long as their little slice of the american pie is untouched, but this need to steal from the citizenry is just picking up steam, and when it hits close to home, remember the words in this missive.

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