Martinez, Calif. – Today, Contra Costa County District Attorney Diana Becton formalized a new policy for civil asset forfeiture cases within the DA’s Office. In June 2019, DA Becton implemented an interim policy to address growing concerns with certain types of civil asset forfeiture cases. This interim policy is now permanent for the DA’s Office and applies to the entire county. Civil asset forfeiture cases are a civil procedure for law enforcement to seize cash and other property from suspects alleged to have ties to drug trafficking and drug sales.
The policy covers the following items:
- A new threshold for any case, the amount seized must total at minimum $1,000 for the DA’s Office to consider using the civil asset forfeiture process. Previously, under prior administrations, the amount seized could be as low as $500 for the office to initiate civil asset forfeiture proceedings.
- The seizing law enforcement agency must serve a Notice of Non-Judicial Forfeiture Proceedings and a Claim Opposing Forfeiture on any person who has, or may have, an interest in the seized property. Under this new policy and for the first-time, this notice is now required to be translated into multiple languages, including Spanish and Mandarin.
- A criminal case will accompany any civil asset forfeiture proceeding. This will align the DA’s Office charging standards to mirror all criminal cases. Some exceptions include:
- If the property is abandoned or not claimed, then our policy would not apply.
- Where the property subject to forfeiture is claimed by a third party who does not appear to own the property or have an interest in the property.
“The community rightfully has tremendous concerns about the use of the civil asset forfeiture process by law enforcement. I have listened to the concerns and instituted this new policy on a permanent basis. We must only use civil asset forfeiture when absolutely necessary and in conjunction with a criminal case,” stated Contra Costa County District Attorney Diana Becton.
Information provided by Contra Costa District Attorney’s Office
5 comments
What does this policy help? This is just taking more tools away from the cops to fight crime. Drug dealers can now keep their money from drug sales and will thrive. So-called progressives have a master plan to increase crime more and more and more.
Is this Homo-Habilus? Ugh
But if property (not talking about narcotics/contraband that is specifically prohibited, I’m talking about property *suspected* of being involved in a crime) is seized without being connected to a crime, where is the due process in that? What would make the police any better than thieves?
Let’s face facts, the “property” seized historically are wads of cash sitting right next to narcotics, guns, or other contraband seized during an arrest. They are the vehicles used while committing crimes. This isn’t a money grab on the part of law enforcement before due process. These are in effect “elements of the crime”. If through due process the individuals are found innocent, they get their money/stuff back. If convicted, then they relinquish their ill-gotten assets.
As usual what our Soros’ funded DA is saying is that between $0 bail/no jail time and non-forfeiture of assets tied to the commission of crime, bad people are not held accountable for bad actions and are allowed to resume their bad behavior with impunity. It’s a definite theme from our radical DA Becton.
Amen
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