Legislators also voted to curb the ability of police and prosecutors to seize property, requiring they prove by “clear and convincing evidence” that the items they want to confiscate were involved in criminal activity.
That’s not as stringent as required to gain a criminal conviction where a judge or jury must find someone is guilty “beyond a reasonable doubt.”
But it is more than required now, when a prosecutor can prove by a “preponderance of evidence” there’s a link between the property and a crime. That is basically a balancing test, meaning all a judge need find is that the evidence show it’s more likely than not there is a link.
The change is important because police and prosecutors can seize property without ever charging the owner with a crime, much less getting a conviction.
