They would only be considered as having been used in the commission of a crime, IF the owners had been sentenced guilty. Otherwise, there are no legal grounds for "being used in the commission of a crime". What happened here, was the destruction of a historical bloodline of APBTs. Assumptions mean nothing in court. Facts do. If the dogs were not being fought when seized, there are no evidences of dog fighting. If the evidence had been strong enough, the owners would have been prossecuted, regardless of paraphernalia. I'd have loved to be the lawyer for this case...