#CivilForfeiture

The United States Department of Justice announced Friday that local and state law enforcement can no longer use federal programs to seize the assets of those believed to have committed a crime without conviction.

Perhaps if it was published somewhere else it might have been dismissed as a libertarian rant, but an article in the New York Times about police abuse of civil forfeiture laws, where innocent property owners face the task of proving that their property hasn’t been used illegally (something that seems at odds with the American concept of innocent until proven guilty) is getting a lot of attention. Video of seminars teaching cops and prosecutors how to seize private property have surfaced and they make it seem like law enforcement is less concerned with, well, law enforcement than they are with taking your stuff. Instructions like, “If in doubt… take it!” don’t make it seem like justice is a concern. What was intended by legislators as a means to go after the tools of illegal trades has become a method of padding budgets, buying cop toys and, in what would surely be seen by prosecutors as at the very least a conflict of interest if it was in the private sector, paying the salaries of prosecutors who handle civil forfeiture cases. The Times story revels disturbing practices like wish lists of property to be seized. High on the lists are cars. Can you prove that your car wasn’t used for a crime? The government wins 96% of civil forfeiture cases.