What are the standards for seizing property?

Standards for Seizing Property – A Conversational Article

Seizing property can be a big deal, so there are legal standards the goverment has to follow. Let’s break it down into something understandable.

When Can the Government Seize Your Stuff?

The government can take your property through “civil forfeiture” if they think it’s connected to a crime. Kinda crazy right? They don’t even need to charge or convict you first in some cases. Tricky stuff.

Civil forfeiture started in the 1980’s as a way to fight drug kingpins. But now it’s used more broadly, and some say abused. In fact, the ACLU calls it “policing for profit”. Yikes!

Most states allow civil forfeiture, but the rules vary. The federal government has its own forfeiture laws too. They say it’s a useful tool, but reformers disagree. What a mess!

How Property Can Be Seized

There’s a few ways the man can take your property:

• Criminal forfeiture – after you’re convicted of a crime
• Civil forfeiture – without charging or convicting you of anything
• Administrative forfeiture – for violations of federal law

Criminal forfeiture happens after a conviction, so you get due process there. But civil forfeiture happens before any criminal case. So you could lose your stuff without ever being charged or convicted! Kinda outrageous if you ask me.

With civil forfeiture, they just need “probable cause” your property is connected to a crime. That’s a pretty low bar. It flips justice upside down if you think about it – you’re guilty until proven innocent.

Administrative forfeiture is for breaking federal law specifically. The rules are looser, and you don’t get a jury trial. Yikes again!

What Kinds of Property Can Be Seized?

Pretty much anything can be seized:

• Cash
• Cars and other vehicles
• Houses
• Jewelry
• Electronics
• Even animals like horses!

Police have seized millions under these laws. In fact, the Institute for Justice found the DEA alone took over $4 billion in cash since 2007! Dayum!

And get this – in most states, police get to keep the seized assets and cash! Talk about bad incentives. The cops literally profit from taking your stuff. No wonder it’s so controversial.

What Are Your Rights and Protections?

Now for the good stuff – how to protect your rights if the heat comes knocking. Here’s some key protections:

• The Excessive Fines Clause – prevents excessive civil penalties
• Due process – guaranteed by the 5th and 14th Amendments
• Proportionality – seizure can’t be out of proportion to the alleged crime
• “Innocent owner” defense – if property belongs to someone else

You can challenge a seizure in court. Some states now require “clear and convincing evidence” too. Not just probable cause. Progress!

But most people don’t fight back ’cause it’s too expensive. In fact, over 80% of forfeitures go uncontested! Crazy! We need more access to lawyers here.

Anyways, know your rights out there. Don’t let the man take your hard-earned stuff without a fight! Stay safe friends.

References

ACLU on civil forfeiture abuse

Institute for Justice report on billions seized