Arizona Adopts Landmark Civil Forfeiture Reform Legislation
On May 6, Arizona Governor Greg Ducey signed into law House Bill 2810, which reforms the state’s civil forfeiture law and strengthens due process and property rights protections. Support for the legislation in both houses was bipartisan and near-unanimous. It passed the House on February 24 on a 57-2-1 vote and the Senate by 29-1 on April 28.
Previously, Arizona civil forfeiture laws were among the worst in the nation. Police were able to seize property from a person suspected of a crime without obtaining a criminal conviction. Furthermore, the standard of proof for forfeiture—preponderance of the evidence—only required the government to demonstrate that it was more likely than not that property was connected to criminal activity.
Among its provisions, House Bill 2810:
Requires a criminal conviction for most forfeitures;
Increases the government’s burden of proof when arguing that seized property is related to a crime; and
Requires law enforcement to return seized property in a timely manner if criminal charges are not pursued or a “not guilty” verdict is rendered.
Arizona now becomes the 16th state to require a criminal conviction before property is forfeited. Indeed, more than half of all states have adopted civil forfeiture reforms in response to civil liberty concerns.
Related:
JUSTICE MANUAL 9-115.000 – Use And Disposition Of Seized And Forfeited Property | SB 70: Shining More Light on Civil Asset Forfeiture | Future of Data Center Architecture: Containerization, Serverless, and Beyond | From pirates to kingpins, the strange legal history of civil forfeiture | AOC Discovers the Horrors of Civil Asset Forfeiture, Rails Against the Practice in Congressional Hearing | Data Center Cost Optimization Strategies: Balancing OPEX, CAPEX, and Performance | 5G Infrastructure Partnerships: Data Center Opportunities & Legal Risks | Data Center Construction & Development: Legal Oversight for Seamless Execution | Data Center Workforce & Employment Law: Legal Considerations for Talent Management | How Policing for Profit Threatens Your Rights (TEDx) | AI in Data Center Management and Predictive Maintenance: A Legal and Operational Lens | Managing Data Center Cabling Projects: Avoiding Construction Disputes & Code Violations | Civil Forfeiture – The Innocent Owner | Civil Forfeiture | This Week’s Civil Forfeiture Outrage (Twelfth in a Series: Love Field Update) | The government took $41,000 from this Texan at a Houston airport six months ago. They never gave it back. | Civil Asset Forfeiture Still Abused by Florida Law Enforcement | State Officials Squander Millions in Asset Forfeiture Funds | Criminal Justice Reform? We’re Making Progress | Boston Cops Fleece Citizens to Secretly Buy Controversial Spy Tech | Ninth Circuit: Government Cannot Seize Cash Based Solely on Money’s Intended Use | Key Legal Considerations for Data Center Compliance in the U.S. | Critics of Civil Forfeiture Call for Reforms | Civil Forfeiture (Shorter Version)
Additional Reading:
How Police Departments Use Civil Forfeiture to Collect Billions | Did You Know That Sheriffs Use Civil Asset Forfeiture To Steal Your Money? | Countering Civil Forfeiture Myths with Facts | Drug Forfeiture Attorney California – Rucci Law | Texas Case May Spur Drug Money Rule Change | Middle District Of Florida U.S. Attorney’s Office Collects More Than $168 Million In Civil And Criminal Actions In Fiscal Year 2022 | International Treaty Asset Recovery | Asset Forfeiture Defense Strategies | Police Stole My Life Savings! Civil Asset Forfeiture | Missouri Asset Forfeiture | Real Estate Forfeiture: Protecting Your Home & Property from Seizure | Final Administrative Action by Customs and Border Protection | JUSTICE MANUAL 9-116.000 – Equitable Sharing And Federal Adoption | Rand Paul Slams Civil Asset Forfeiture Laws | Mooresville Police Face Legal Fight Over Cash Seized From Suspects | The Heat: US Civil Asset Forfeiture Controversy Part 2 | Civil Asset Forfeiture: Overdue Reforms | How the Feds Are Using Civil Asset Forfeiture to Threaten Free Speech | Property Forfeiture Attorney California – Rucci Law | Asset Seizure Defense California – Rucci Law | Attorney Fees under CAFRA | Cash Forfeiture Attorney California – Rucci Law | Asset Forfeiture Insurance Defense | The Debate over Civil Asset Forfeiture
