civil asset forfeiture

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Utah: Poll Shows Strong Support For Asset Forfeiture Reform On Eve Of Primary

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One out of 11 Surveyed Utah Voters Report Having Property Taken by Police without Criminal Charge from Themselves or Someone They Know

Utah Voters Also Signal Support for Presidential Candidates Who Embrace Asset Forfeiture Reform

An overwhelming majority of registered Utah voters support civil asset forfeiture reform, according to a new poll released by Drug Policy Action. The poll was released the day before Utah’s primary election vote.

Eighty-three percent (83%) of Utah registered voters, including 83 percent of all Republicans, think police should not be able to seize and permanently take away property from people who have not been convicted of a crime. Sixty-six percent (66%) of voters polled, including 70 percent of Republicans, would be more likely to support a candidate for president who took the position that the government should not be able to take property from a person who has not been convicted of a crime.

Also, a high number of surveyed Utah voters (1 out of 11) reported that a police officer has taken property from them or someone they know without being charged with a crime. Most of these respondents said that property was taken from them during a traffic stop.

Florida: Poll Shows Strong Support For Asset Forfeiture Reform; Bill Heads To Gov's Desk

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An overwhelming majority of registered Florida voters support civil asset forfeiture reform, according to a new poll released by Drug Policy Action. Eighty-four percent of Florida registered voters, including 86 percent of all Republicans and 81 percent of independents, think police should not be able to seize and permanently take away property from people who have not been convicted of a crime.

Sixty-six percent of voters polled, including 65 percent of Republicans and 68 percent of Democrats, would be more likely to support a candidate for president who took the position that the government should not be able to take property from a person who has not been convicted of a crime.

“The notion that police officers can take cash or other property from people never charged with any criminal wrongdoing and keeping any profits from the sale of seized property doesn’t sit well with the public,” said Grant Smith, deputy director of national affairs for Drug Policy Action. “Voters want action on civil asset forfeiture.

"Governor Scott should sign the reform legislation on his desk, and presidential candidates would be wise to address the issue,” Smith said.

The Florida House of Representatives on Wednesday unanimously passed SB 1044, reforming Florida’s “Contraband Forfeiture Act,” sending the legislation to Gov. Scott’s desk for a signature. Last week the Florida Senate passed the legislation, sponsored by Sen. Jeff Brandes, in a 38–0 vote.

Florida: House Passes Civil Asset Forfeiture Reform Unanimously

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Unanimous Vote in House Follows Last Week’s Unanimous Support in the Senate

Coalition of Reform Advocates and Law Enforcement Urge Gov. Scott to Sign Into Law

The Florida House of Representatives on Tuesday unanimously passed SB 1044, reforming Florida’s “Contraband Forfeiture Act,” sending the legislation to Gov. Rick Scott’s desk for a signature. Last week the Senate passed the legislation, sponsored by Sen. Jeff Brandes, in a unanimous 38–0 vote.

The bipartisan unanimity of passage in both chambers was driven by a diverse and disparate coalition of law enforcement and reform advocates, including the Drug Policy Alliance (DPA), which retained attorney Ron Book to lobby on their behalf for the legislation, the Florida Sheriff’s Association, the Florida Association of Police Chiefs, Americans for Forfeiture Reform, the Florida ACLU, the Florida Association of Criminal Defense Lawyers, the Institute for Justice, the James Madison Institute and the Grover Norquist-led, Americans for Tax Reform.

“This bill sends a powerful message to Floridians: the government cannot seize your property without making an arrest," said Sen. Jeff Brandes, the author and prime Senate sponsor of the legislation. "These sweeping reforms to civil forfeiture institute major consumer protections and prevent abuses against the property rights of Floridians. I hope the Governor will join both houses of the Florida legislature and support these critical reforms by signing this bill into law.”

Florida: Senate Unanimously Passes Civil Asset Forfeiture Reform

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The Florida Senate on Friday voted unanimously to approve SB 1044, which reforms the state’s “Contraband Forfeiture Act.” Introduced by Sen. Jeff Brandes, the bill now heads to Florida House of Representatives for a floor vote.

The House companion, HB 889, passed its final committee of reference last week. The two bills are identical as amended and if HB 889 passes, civil asset forfeiture reform will head to Gov. Scott to be signed into law.

Civil asset forfeiture reform is a core national policy priority of the Drug Policy Alliance (DPA) and Florida is a state the group has specifically targeted for reform.

“This is a tremendous step towards reforming Florida’s outdated forfeiture laws," said Theshia Naidoo, senior staff attorney for the DPA. "The unanimity of the Senate vote speaks volumes to the necessity of these important reforms. The House needs to act quickly to pass this law when it meets next week.”

“The broad, bipartisan coalition that Sen. Jeff Brandes built in the Florida Senate is what made these reforms possible," said attorney Ron Book, who represents the DPA in the Florida Legislature. "This legislation heads to the House with consensus amongst both parties, law enforcement, and reform advocates. We hope the House will act with the same unanimity that the Senate just did.”

California: Bipartisan Asset Forfeiture Reform Bill Dies On Assembly Floor

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Senator Holly Mitchell’s Bill, SB 443, Would Have Required Conviction Before Forfeiture

Civil asset forfeiture reform legislation authored by state Senator Holly Mitchell (D-Los Angeles) and David Hadley (R-Torrance) failed to pass the California Assembly floor on Thursday after extraordinary efforts by law enforcement to defeat it, including personal calls to legislators’ cell phones and other scare tactics.

Despite bipartisan support and nearly unanimous votes at every previous juncture, SB 443 could not survive the Assembly floor vote on Thursday. However, the bill was granted reconsideration, meaning it can be taken up for another floor vote tomorrow, the final day of session, if the authors so choose.

SB 443, which was co-sponsored by the Drug Policy Alliance, ACLU and the Institute for Justice would have required a conviction in either state or federal court before property could be permanently forfeited to local law enforcement coffers.

“We are deeply disappointed, but not surprised, by the lack of courage shown by members of the Assembly today,” said Lynne Lyman, California state director of the Drug Policy Alliance (DPA). "Apparently many of our elected representatives do not want to uphold the due process protections guaranteed to us in the constitution. Instead, they voted to continue allowing local law enforcement to circumvent the heightened protections of state law in favor of a corrupt arrangement with the federal government.”

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