Delaware Liberal

Cornhuskers Cancel Civil Forfeiture, Now Require Criminal Conviction

Why is my new BFF, Colin Bonini, the loudest voice in Delaware on this issue?

Nebraska Gov. Pete Ricketts signed a bill on Tuesday that eliminates civil forfeiture, which allows law enforcement to seize and keep property without filing charges or securing criminal convictions. The bill, LB 1106, passed the unicameral legislature last week by a vote of 38 to 8.

Civil forfeiture has ensnared a wide swath of victims in Nebraska. A Peruvian pastor once had $14,000 seized during a traffic stop. Only after the local chapter of the ACLU intervened was he able to recover his cash. Last year, a federal appellate court upheld forfeiting more than $63,000 in savings from a decorated Air Force veteran, even though he was never charged with a crime.

The newly signed law provides sweeping reforms. First and foremost, Nebraska now requires a criminal conviction to forfeit property.

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