Posted on 01/28/2020 12:47:43 PM PST by nickcarraway
New requirements will apply to local enforcement authorities in seizing cars and other property of criminals under long-awaited asset forfeiture rules issued by the Hawaii attorney general on Dec. 31.
The rules take effect Jan. 17 and require county prosecutors to describe the crimes that justify the seizure of private property under state statutes and to petition the attorney general for approval.
The seizure program, known as civil asset forfeiture, is used in all 50 states to confiscate financial and other property of criminals. Some states require a criminal conviction before the property can be taken but most jurisdictions, including Hawaii, require police only demonstrate probable cause to initiate a seizure.
Hawaii's asset forfeiture program has been in place for over 30 years, but administrative rules had not been previously issued.
Last year, Gov. David Ige vetoed a measure that supporters said would have placed needed restrictions on law enforcement agencies' use of asset forfeitures in response to reported abuses. Among other limitations, the bill would have required the sale of seized property to proceed only after owners were convicted of felonies.
Ige said H.B. 748 was too restrictive and that enough protections existed under current laws. But he called on the attorney general to issue the administrative rules for the ongoing asset program by the end of 2019.
The rules spell out a process for owners and their attorneys to seek a return of seized property if they believe the assets were wrongfully taken.
Proceeds from public auctions of seized properties are distributed to state and local agencies, including county police departments. Critics of the asset forfeiture program had sought to funnel the proceeds into the state's general fund.
State House Speaker Scott Saiki said after the governor's veto of H.B. 748 that the bill would likely be modified and reintroduced in some form during this year's legislative session.
That's not reform at all. It's not even a speed bump.
Hey, Haole, all you stuff belong us.
Outright theft. Like in a banana republic.
“The rules take effect Jan. 17 and require county prosecutors to describe the crimes that justify the seizure of private property under state statutes and to petition the attorney general for approval. “
Not good enough. The AG is just another dept/office/branch of the executive authority and the real approval needs to come from at least a judge of a court, and that judge should not be giving their approval without (1) a claim from the police/prosecutor/AG and (2) a hearing, (3) with opportunity for a challenge and defense by the accused.
What you said.
It’s much better than now where the officer merely has to SUSPECT that the property was purchased with or associated with illegal drug activity. No crime at all is required.
Sell Hawaii to Japan.
Now you get the option to prove your innocence. Very nice.
Thieving govt vultures. No offense intended to vultures.
Came and take it....oh, I forgot, Hawaii is a virtual gun free zone. There you go, give up your guns and get ready to become a victim.
OTOH, the serfs in those days actually enjoyed greater freedom than the American serfs of today... Except for the theft of their crops, earned money, and virgins, which is even worse today, the serfs then were left more-or-less alone... Totally unlike the perpetual control through hundreds-of-thousands of laws and pervasive thought management that today's serfs are subjected to...
Our Nation's Forefathers are, probably, no longer spinning in their graves over the events of the last 115 years... They are probably too ashamed to continue because of the disgraceful destruction of what they created for us...
With asset forfeiture everyone is a criminal.
I guess this has been approved by the US and state Supreme Courts. What about “life, liberty, or property without due process of law?”
No, no, no! It's just your money and property that are criminals. Isn't that much nicer?
They’re taking property of people who are not, by definition, criminals.
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