Should assets seizure and forfeiture be legal by law enforcement be legal?
Yes but with certain restrictions.
Yes as the laws currently exist
Asset forfeiture - Wikipedia, the free encyclopedia
Asset forfeiture in the United States
There are two types of forfeiture cases, criminal and civil. Almost all forfeiture cases practiced today are civil. In civil forfeiture cases, the US Government sues the item of property, not the person; the owner is effectively a third party claimant. Once the government establishes probable cause that the property is subject to forfeiture, the owner must prove on a "preponderance of the evidence" that it is not. The owner need not be judged guilty of any crime. In contrast, criminal forfeiture is usually carried out in a sentence following a conviction and is a punitive act against the offender. Since the government can choose the type of case, a civil case is almost always chosen. The costs of such cases is high for the owner, usually totaling around $10,000 and can take up to three years.
The United States Marshals Service is responsible for managing and disposing of properties seized and forfeited by Department of Justice agencies. It currently manages around $1 billion worth of property. The United States Treasury Department is responsible for managing and disposing of properties seized by Treasury agencies. The goal of both programs is to maximize the net return from seized property by selling at auctions and to the private sector and then using the property and proceeds for law enforcement purposes.
A form of asset forfeiture is roadside forfeiture during a vehicle stop. Usually enforcing State policies by Highway police, local law enforcement have built up seized funds and spent them with oversight only from local judges who sometimes benefit from the expenditures of such funds. The presumption is that travelers hiding large amounts of cash are transporting drug money. Often, the vehicle occupants are required to simply sign a waiver that they will leave the State and not return, thus also not attempt to retrieve their funds. Some complain that this is law enforcement action requires more oversight in order to minimize the impact on travelers who are not involved in drug money but who simply wish to avoid further involvement with law enforcement agents and sign the waiver anyway. Sen. John Whitmire, D-Houston, chair of the Senate Criminal Justice Committee is investigating the Tenaha, Texas Police seizures scandal.
I picked yes but with certain restrictions. A guilty verdict of the accused either in a criminal trial or a civil trial with with the same standards as a criminal trial should have to happen and after that the government should have to prove in a court with the same standards of a criminal trial that all of the property in questions was acquired through illegal means.