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Re:Police Can Seize and Sell Assets Even When the Owner Brok... by rhino369 on Tuesday November 11, 2014 @02:22AM (#8588715)
Burden of proof. What the hell else could someone mean when talking about a legal dispute?
Re:Police Can Seize and Sell Assets Even When the Owner Brok... by jMyles on Tuesday November 11, 2014 @03:25AM (#8588861)
I think rhino369's point is that, whatever procedural arrangement might characterize the discourse, the actual burden of proof is on the owner - if they take action and prove their case, they get their possessions back. Until that time, the possessions are in the custody of the state.

Furthermore, I don't think it's true (at least not per the article) that a civil forfeiture proceeding puts a burden of proof on the state - it seems to be that the owner has an opportunity to petition for appeal, which if not taken, amounts to a forfeit by default.