After providing background on the origins of civil forfeiture, this article explains how the perverse financial incentives created by civil-forfeiture laws lead to policing for profit and create an environment ripe for abuse. This updated and expanded second edition of policing for profit: the abuse of civil asset forfeiture makes the case for reform, grading the civil forfeiture laws of each state and the federal. Unlike criminal asset forfeiture, however, with civil forfeiture, a property owner need not be found guilty of a crime—or even charged—to permanently lose her cash, car, home, or other property. The publication of this new edition of policing for profit: the abuse of civil asset forfeiture, we document in the greatest detail possible the sweep of the forfeiture power the seeds of forfeiture abuse were sown in 1984 when congress expanded federal civil forfeiture laws and created a financial incentive for law enforcement to forfeit property.
Nashville, tenn - this week, both the state house and senate passed legislation that would dramatically reform civil asset forfeiture in tennessee ladies and gentlemen, this is a very. Indiana one step closer to forfeiture reform county is keeping 100 percent of the money in a policing for profit scheme maryland, have passed some form of civil forfeiture reform. Civil asset forfeiture - policing for profit sharon kyle is a former president of the guild law school and is the publisher and co-founder of the la progressive.
The fop does not disagree that there is a need for civil asset forfeiture reform in fact, we worked very closely with senator jeff sessions on this issue going back to the civil asset forfeiture reform act (cafra) of 2000. With the total value of property seized increasing every year, and over $13 million seized in tennessee in 2014 alone, calls for reform are growing louder, and aclu of tennessee is leading the way in the fight to end civil forfeiture. The bill passed unanimously, and new mexico now has the strongest protections against civil asset forfeiture in the nationbut several new mexico police departments were too addicted to the easy money. A bipartisan group of nonprofits is urging congress to begin remedying what has been dubbed policing for profit - pernicious civil asset forfeiture proceedings on the part of federal.
Civil asset forfeiture allows the government to seize cash, cars, real estate, or other property suspected of being connected to criminal activity, even if the owner is never arrested for a crime in a staggering 80% of civil asset forfeitures, criminal charges are never filed against property owners. Asset forfeiture laws incentivize policing for profit on one hand, and dubious state-federal partnerships on the other next up with a strong foundation, further action can be taken in the next legislative session. In the new edition of its policing for profit study, the institute for justice, a libertarian public interest law firm, reports that civil asset forfeiture nets the federal government billions. The issue may be too complex for twitter or a 30-second tv ad, but the debate over civil asset forfeiture reform is sure to dominate state lawmakers time and attention in 2019 it is also a. Civil asset forfeiture laws have long allowed police to seize property — cash, cars, jewelry, even entire homes — from ordinary citizens, which prosecutors can then force people to hand over.
In recent years, states have taken many steps toward limiting the ability of law enforcement agencies to seize property from criminal suspects without conclusive evidence a crime was committed, a process known as civil asset forfeiture. This updated and expanded second edition of policing for profit: the abuse of civil asset forfeiture makes the case for reform, grading the civil forfeiture laws of each state and the federal government, documenting remarkable growth in forfeiture activity across the country, and highlighting a worrisome lack of transparency surrounding forfeiture activity and expenditures from forfeiture funds. Although criminal forfeiture has been an important tool for law enforcement, civil asset forfeiture has been used to seize forfeit and profit off property that may or may not be tied to criminal activity. 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. Civil forfeiture in the united states, also called civil asset forfeiture or civil judicial forfeiture or occasionally civil seizure, is a legal process in which law enforcement officers take assets from persons suspected of involvement with crime or illegal activity without necessarily charging the owners with wrongdoing.
Eapen thampy (americans for forfeiture reform) joins john to discuss a form of legalized theft called civil asset forfeiture . How police departments profit from civil asset forfeiture indeed, police departments may have an incentive to seize and retain amounts of money that would be considered large for most americans but not large enough to justify hiring legal counsel, which would cost far more than the amount forfeited (eg, a few hundred dollars. Asset forfeiture or asset seizure is a form of confiscation of assets by the stateit typically applies to the alleged proceeds or instruments of crime this applies, but is not limited, to terrorist activities, drug related crimes, and other criminal and even civil offenses.
Civil asset forfeiture update: states shunning 'policing for profit' by andrew goutman april 16, 2017 while the feds continue to seize staggering amounts from innocent people, many states are taking measures to moderate the practice.