Montanans' property can still be seized if police suspect it's connected to criminal activity, but now it has to be returned if they can't get a conviction. That hasn't always been the case.
Montana's civil asset forfeiture law was reformed this week with a stroke of Governor Steve Bullock's pen.
State representative Kelly McCarthy of Billings sponsored the measure this past legislative session.
"I think this is a big win for Montana. We're one of only a handful of states that have property protections this strong now."
McCarthy cites two Montana cases in which people who were neither charged nor convicted of any crime were legally forced to forfeit tens of thousands of dollars in cash and property. Under the new law that could only happen if criminal activity is proven.
"Just prove that the person was really doing something wrong. Just like we expect the criminal justice system to treat the rest of us - there is a presumption of justice. There are protections under the first amendment that we should not lose life, liberty or property without due process. This (new law) just adds due process back into that. Prove that they've done something wrong and then you can keep their stuff."
McCarthy, a Democrat, says his bill picked up the support of several conservative Republicans during the legislative session.
