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Efforts to Curb Asset Seizures by Law Enforcement Hit Headwinds

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Jacob Gershman reports in the WSJ:

Efforts to limit seizures of money, homes and other property from people who may never be convicted of a crime are stalling out amid a wave of pressure from prosecutors and police.

Critics have taken aim at the confiscatory powers over concerns that authorities have too much latitude and often too strong a financial incentive when deciding whether to seize property suspected of being tied to criminal activity.

But after New Mexico passed a law this spring hailed by civil-liberties groups as a breakthrough in their effort to rein in states' forfeiture programs, prosecutor and police associations stepped up their own lobbying campaign, warning legislators that passing such laws would deprive them of a potent crime-fighting tool and rip a hole in law-enforcement budgets.

Their effort, at least at the state level, appears to be working. At least a dozen states considered bills restricting or even abolishing forfeiture that isn't accompanied by a conviction or gives law enforcement less control over forfeited proceeds. But most measures failed to pass.

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