After a defendant was found guilty verdict, the arresting or investigating agency kept the evidence. Subsequently, if items belonged to an individual found not guilty the items would be returned. However, this changes with civil forfeiture language that is included in the CCCA, in civil forfeiture cases the standard is much lower, if an item is deemed suspect the item can be confiscated. The legal test is the preponderance of evidence, not beyond a reasonable doubt as in a criminal case. In civil forfeiture assets returned if the owner proves innocence, as opposed to criminal forfeiture assets returned if the court determines not guilty. The civil forfeiture laws were added to the CCCA to provide the government a means to discourage illegal activity by providing law enforcement and governmental agencies a means to confiscate personal property without pressing charges. Effectively circumventing the Constitution specifically the Fourth
After a defendant was found guilty verdict, the arresting or investigating agency kept the evidence. Subsequently, if items belonged to an individual found not guilty the items would be returned. However, this changes with civil forfeiture language that is included in the CCCA, in civil forfeiture cases the standard is much lower, if an item is deemed suspect the item can be confiscated. The legal test is the preponderance of evidence, not beyond a reasonable doubt as in a criminal case. In civil forfeiture assets returned if the owner proves innocence, as opposed to criminal forfeiture assets returned if the court determines not guilty. The civil forfeiture laws were added to the CCCA to provide the government a means to discourage illegal activity by providing law enforcement and governmental agencies a means to confiscate personal property without pressing charges. Effectively circumventing the Constitution specifically the Fourth