Standards and Burden of Proof

"In 2000, Congress passed the Civil Asset Forfeiture Reform Act, which now requires law enforcement agencies to demonstrate by 'a preponderance of the evidence,' rather than merely a showing of 'probable cause,' that the property to be seized is linked to criminal activity. Moreover, the government now has the burden of proving that property was involved in a crime, rather than the previous standard under which the owner was required to prove that the property was not the product of criminal involvement."

Source: 

Mauer, Marc and King, Ryan S., "A 25-Year Quagmire: The War on Drugs and Its Impact on American Society" The Sentencing Project (Washington, DC: September 2007), p. 6.
http://www.sentencingproject.o...

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