View Single Post
Old September 14, 2012, 07:22 PM   #6
Al Norris
Staff
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,308
From the relevant law:

Quote:
Title 18 U.S.C.
§ 983(a)(2)
(A) Any person claiming property seized in a nonjudicial civil forfeiture proceeding under a civil forfeiture statute may file a claim with the appropriate official after the seizure.
...
(E) Any person may make a claim under subparagraph (A) without posting bond with respect to the property which is the subject of the claim.
...
§ 983(c) BURDEN OF PROOF.—In a suit or action brought under any civil forfeiture statute for the civil forfeiture of any property—
(1) the burden of proof is on the Government to establish, by a preponderance of the evidence, that the property is subject to forfeiture;

(2) the Government may use evidence gathered after the filing of a complaint for forfeiture to establish, by a preponderance of the evidence, that property is subject to forfeiture; and

(3) if the Government’s theory of forfeiture is that the property was used to commit or facilitate the commission of a criminal offense, or was involved in the commission of a criminal offense, the Government shall establish that there was a substantial connection between the property and the offense.
Read the rest of the Civil Asset ForFeiture Reform Act of 2000 (PL 185.106), here.
__________________
National listings of the Current 2A Cases.
Al Norris is offline  
 
Page generated in 0.04862 seconds with 7 queries