Herrera Beutler Lends Support to Effort on Due Process for Property Seizure

Posted

U.S. Rep. Jaime Herrera Beutler, R-Camas, announced Friday that she has lent her support to legislation in the works that would require the federal government to present clear evidence before seizing people’s private property in cases in which they are suspected of being involved in a crime.

The Fifth Amendment Integrity Restoration Act of 2015, or FAIR Act, was introduced in the Senate by Sen. Rand Paul R-Kentucky, and in the House of Representatives by Rep. Tim Walberg, R-Michigan. The legislation aims to update the federal criminal code and add a requirement for clear and convincing evidence before someone’s property is seized. 

The bill, according to a news release, would get rid of a sharing program in which the agency that performs the seizure would split the assets with federal agencies, instead redirecting those assets to the U.S. Treasury with a goal of reducing the deficit.



State law enforcement agencies would be required to follow the laws of their state when forfeiting seized property.

The release cited a Washington Post investigation, which stated that police across America since 2001 have seized $2.5 billion in cash from nearly 62,000 people without use of a warrant or an indictment.