Civil Asset Forfeiture: A Nightmare Near You

mikelogo

Law enforcement agencies love it.

Those who fall victim to it hate it.

“It” is civil asset forfeiture, laws that allow law enforcement to seize cash and other property even though the owner is not charged with a crime.

Oklahoma has such a law.

The original intent was to allow for the seizure of drug proceeds. But the wheels have come off that lofty goal as too many ordinary, law-abiding citizens now find themselves victims of over-zealous police.

The American Civil Liberties Union (with whom I seldom agree) is a long-standing opponent:cas

“Police abuse of civil asset forfeiture laws has shaken our nation’s conscience. Civil forfeiture allows police to seize—and then keep or sell—any property they allege is involved in a crime. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.

“Forfeiture was originally presented as a way to cripple large-scale criminal enterprises by diverting their resources. But today, aided by deeply flawed federal and state laws, many police departments use forfeiture to benefit their bottom lines, making seizures motivated by profit rather than crime-fighting. For people whose property has been seized through civil asset forfeiture, legally regaining such property is notoriously difficult and expensive, with costs sometimes exceeding the value of the property. With the total value of property seized increasing every year, calls for reform are growing louder, and CLRP is at the forefront of organizations seeking to rein in the practice.”

The Heritage Foundation reports civil asset forfeiture is a blight on the nation and answers some logical questions:

cas1“But don’t police target only criminals?

“Unfortunately, no. There are many stories of innocent people having their property seized. For example, between 2006 and 2008, law enforcement agents in Tenaha, Texas, engaged in a systematic practice of seizing cash and property from innocent drivers with absolutely no evidence of wrongdoing. In Philadelphia, police seized the home of two sisters whose brother, who did not live there, showed up while trying to evade the cops. In Detroit, cops seized over a hundred cars owned by patrons of an art institute event—because the institute had failed to get a liquor license. You can be totally innocent and still be unable to stop the government from seizing your property.

cas2“What if I’m innocent? Surely, innocent people can’t have their property taken.

“Being innocent does not mean that a state has to return your property. The Supreme Court of the United States has held that the ‘innocent owner’ defense is not constitutionally required. Furthermore, even in states where you do have an innocent owner defense, the burden is typically on you. Your property is presumed to be guilty until you prove that you are innocent and that your property therefore should not be forfeited. In other words, you must prove (1) that you were not involved in criminal activity and (2) that you either had no knowledge that your property was being used to facilitate the commission of a crime or that you took every reasonable step under the circumstances to terminate such use. And all the while, the police retain your property. To cap it all off, the success rate for winning back property is low. Pragmatic property owners, however innocent, may reason that it is best to cut their losses rather than challenge the forfeiture in court.”

It is way past time for civil asset forfeiture laws to be repealed, time for this nightmare to end.


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  1. Steve Dickson, 29 April, 2015

    Amen, Mike. Great article. For those who are of libertarian leanings, this is a major issue. For those who are of conservative leanings, it should be – since this is one of the most clear examples of violation of individual rights I can think of. One of the major arguments proponents of legalizing cannabis/marijuana use is this exact issue – so those who would continue that prohibition should support ending this as well.

    The only people that I can imagine supporting this are those who are profiting from it.

  2. Vernon Woods, 29 April, 2015

    Sorry, folks, we’re too busy passing cold liquor store beer laws and threatening to set ourselves on fire instead of fixing minor problems like this.

  3. Steve Byas, 29 April, 2015

    I first hear about this many years ago, through a book by the late Henry J. Hyde. He was a conservative, and I am a conservative, and I have been opposed to it for several years, as well. I cannot understand how any person could be for what is legalized theft.

  4. mikes1voice, 30 April, 2015

    Steve. if we get a bill to reform or abolish it, the bill should be on your index list.

  5. Norma Sapp, 30 April, 2015

    Thanks for covering this subject Mike! I have hopes that forfeiture will end someday. Some states are actually addressing the issue. I pray Oklahoma will too.

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