North Carolina Petition for Forfeiture of Auto - 41-29-101
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How to fill out Petition For Forfeiture Of Auto - 41-29-101?
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FAQ
Currently, four states have abolished the practice entirely: Maine, Nebraska, North Carolina and New Mexico. Many other states continue to allow it but place the burden of proof on the government instead of the property owner.
Civil asset forfeiture is a practice that allows law enforcement agencies to seize money or property?including bank accounts, real estate, and other personal property?if the person is suspected of being involved in criminal activity.
An item is subject to seizure pursuant to a search warrant if there is probable cause to believe that it: (1) Is stolen or embezzled; or (2) Is contraband or otherwise unlawfully possessed; or (3) Has been used or is possessed for the purpose of being used to commit or conceal the commission of a crime; or (4) ...
Highest bar to forfeit in most cases: In general, North Carolina has only criminal forfeiture. However, prosecutors can pursue civil forfeiture in racketeering cases, where they must prove by preponderance of the evidence that property is connected to a crime.
Police can seize not only cash from cars but real estate such as a person's home. For example, homes have been seized even if someone other than the homeowner on the premises committed drug crimes without the owner's awareness.