Civil forfeiture is a procedure that allows police to seize property suspected of being related to a crime. The intent is to allow police to confiscate property from drug dealers and money launderers. However it has morphed into a tactic for property to be taken from innocent citizens. Even if one is not arrested, property may be taken if it is suspected in a crime.
A couple of real examples are: a man traveling cross country with $2,000 in cash, had the money taken because it could have been used for buying drugs. It was a gift from his father to help him start a new business; and then there’s the story of a couple who allowed their son to live in their house. The son got arrested for drugs, so the police came and searched the house. Although no drugs were found, the house was seized under civil forfeiture.
Just suspicion can get property taken. The proof that it is not part of criminal activity is placed upon the owner. Good luck in getting it back.
According to a report from the Heritage Foundation, both houses of congress are working on rewriting the law. But, states have laws too. And, there are reports of state and local officers taking property to help them get items for their departments they would otherwise not get.
The quote from Sergeant Phil Esterhaus from Hill Street Blues, now applies to the civilians:
"Hey, let’s be careful out there."
PMO
©2014
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