BY SAM L MCROBERTS SPECIAL TO THE STAR MAY 21, 2019 08:32 PM

Sam L. McRoberts

Kansas has one of the worst forfeiture laws in the nation.

Presumption of innocence. Proof beyond a reasonable doubt. Judged by a jury of your peers. These aren’t just catchphrases; they are the bedrock principles that form a fair and just legal system. However, in Kansas, you currently don’t have these rights in asset forfeiture cases.

Asset forfeiture may sound innocuous enough but in practice it’s abusive and fundamentally unjust. It’s when the government seizes money or property even without a criminal conviction.

Kansas has one of the worst forfeiture laws in the nation. The Kansas Legislature had the opportunity to fix the problems this session but didn’t. The problems are plentiful and need immediate correction.

The law stacks the deck in favor of the government because it’s up to property owners to prove their innocence in court. Conceptually, this runs contrary to our notion of fairness. When the government takes something, it should articulate why it has done so, under what authority it acted and be able to prove it all in court. The government needs to justify itself, not the other way around.

Practically, the government has far more resources at its disposal than the average citizen: an entire police force, a statewide investigative bureau, and even access to federal authorities. It also has teams of lawyers.

Second, a jury of your peers never gets to hear the case — only a judge. This is a critical flaw in Kansas’ forfeiture law. The right to a jury trial is fundamental. It’s so important the Kansas and United States Constitutions included it in their respective Bills of Rights.

The jury trial is an important component of checks and balances and it allows citizens to participate in the judicial process. Finally, by putting the case in a jury’s hands, instead of a judge’s, the government would need to convince more than just one person they’re right. This offers more accountability and is fairer.

Unfortunately, these flaws have lead Kansas down the path of “policing for profit.” It’s become far too easy and far too profitable for the government to seize your money or property.

Where do we go from here? The founders of Kansas literally wrote portions of the Declaration of Independence into the Kansas Constitution. Interpreted correctly, it should finally put an end to the law’s unfairness and inequity. And that may require putting the issue before the courts. Litigating even the smallest of cases will have a ripple effect across the state and not just in forfeiture cases.

Whether it’s occupational licensure, speech codes or countless other areas of government abuse and overreach, it’s important to hold the government accountable. It will promote respect for the rule of law and return rights back to the people.

As the U.S. Supreme Court said more than 50 years ago, in Mapp v. Ohio: “Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence.”

It’s time the government recognizes its failure when it comes to asset forfeiture.

Sam L McRoberts is litigation director and general counsel of Kansas Justice Institute, a public-interest litigation firm protecting the freedoms guaranteed by the Kansas and United States Constitutions through cutting-edge litigation.

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(http://www.autoadmit.com/thread.php?thread_id=4266567&forum_id=2Reputation#38270473)

it should be encouraged

(http://www.autoadmit.com/thread.php?thread_id=4266567&forum_id=2Reputation#38269626)

gross gdp is maxed out now. doubt gdp cap will break 50k in my lifetime

(http://www.autoadmit.com/thread.php?thread_id=4266567&forum_id=2Reputation#38269630)

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Police abuse of civil asset forfeiture laws has shaken our nation’s conscience. Civil forfeiture allows police to seize — and then keep or sell — any property they allege is involved in a crime. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.

Forfeiture was originally presented as a way to cripple large-scale criminal enterprises by diverting their resources. But today, aided by deeply flawed federal and state laws, many police departments use forfeiture to benefit their bottom lines, making seizures motivated by profit rather than crime-fighting. For people whose property has been seized through civil asset forfeiture, legally regaining such property is notoriously difficult and expensive, with costs sometimes exceeding the value of the property. With the total value of property seized increasing every year, calls for reform are growing louder, and CLRP is at the forefront of organizations seeking to rein in the practice.

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SEARCH ASSET FORFEITURE ABUSE

(http://www.autoadmit.com/thread.php?thread_id=4266567&forum_id=2Reputation#38270481)

hilarious

(http://www.autoadmit.com/thread.php?thread_id=4266567&forum_id=2Reputation#38269681)

video proof here: https://imgur.com/a/TvGCTe4

u = done forever, pathetic nowag

(http://www.autoadmit.com/thread.php?thread_id=4266567&forum_id=2Reputation#38270489)

also japan is in way worse shape and doing fine

having 10 kids per person is not going to improve quality of life. look at most african nations.

(http://www.autoadmit.com/thread.php?thread_id=4266567&forum_id=2Reputation#38270705)

It's absolutely fine.

Date: January 29th, 2017 9:49 PM

Author: lawman8

http://www.autoadmit.com/thread.php?thread_id=3508473&forum_id=2#32494554

(http://www.autoadmit.com/thread.php?thread_id=4266567&forum_id=2Reputation#49253509)

Why? Who said [NYUUG is fucked]?

Date: July 27th, 2025 7:04 PM

Author: Fucking Fuckface

http://www.autoadmit.com/thread.php?thread_id=2963314&forum_id=2#49135684

(http://www.autoadmit.com/thread.php?thread_id=4266567&forum_id=2Reputation#49135761)

There are four times as many people on the planet today than in 1950.

(http://www.autoadmit.com/thread.php?thread_id=4266567&forum_id=2Reputation#47804525)