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What assets are commonly seized in forfeiture cases?
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What Assets are Commonly Seized in Forfeiture Cases?
Civil asset forfeiture laws allow law enforcement to seize property, including cash, cars, homes, and other assets, that they suspect is connected to criminal activity. The property owner does not need to be convicted or even charged with a crime for their assets to be taken. The practice is highly controversial, with critics arguing it violates due process and civil liberties. However, law enforcement defends the practice as an important tool to disrupt criminal operations.
Cash Seizures
Cash is by far the most commonly seized asset in civil forfeiture cases. A report by the Institute for Justice found that currency accounted for over half of the value of assets seized under state forfeiture laws from 2014-2018. The median value of a cash seizure was $1,276, although about half were under $1,000.Police often seize cash during traffic stops if they suspect the money is tied to drug trafficking or other illegal activity. But civil liberties groups argue the practice disproportionately impacts innocent people who happen to be carrying cash for legitimate reasons. There is no requirement to prove the cash came from criminal conduct before seizing it.Controversial federal laws also allow federal agencies like the DEA to adopt seizures made by state and local police and pursue federal forfeiture against the assets, allowing local agencies to benefit from federal forfeiture revenue.
Vehicles
Vehicles are another very common target for civil forfeiture. A car or truck can be seized if police suspect it was used to transport drugs or commit any other crime.For example, if a son uses his mom’s car to buy or sell drugs without her knowledge, the vehicle could potentially be seized and forfeited as an instrument of the crime. The owner does not need to be charged or convicted, and may have a difficult time proving their innocence.Vehicle seizures can cause significant hardship, preventing people from getting to work or taking care of necessities. But because cars are valuable, they are an attractive target for forfeiture programs. Surveys have found vehicles account for 10-20% of assets seized.
Real Estate
Police also use civil forfeiture laws to seize real estate, including family homes, that they suspect is connected to criminal activity in some way. This might happen if a home is believed to be purchased with illicit funds or used for drug trafficking or other crimes.The prospect of losing one’s home is among the most severe consequences of civil forfeiture laws. It can displace entire families, even if only one resident is implicated. Homeowners bear the difficult burden of proving their innocence to get their property back.However, real estate seizures require greater resources and effort, so they are less common than cash and vehicle forfeitures. Home forfeitures often occur in conjunction with federal agencies, which have more resources to pursue complex seizures.
Bank Accounts
Money held in bank accounts, including checking, savings, CDs, and other accounts, also risks seizure under civil forfeiture laws. If deposits are suspected to be tied to criminal activity, police can seize account funds through forfeiture proceedings.Banks generally comply with seizure orders and freeze targeted accounts. To get their money back, account holders must go to court and prove the funds came from legitimate sources. This can be nearly impossible in cases where the source of deposits is unclear.
Other Valuables
Police may use civil forfeiture to seize nearly any valuable property, not just the most common assets. Expensive jewelry, electronics, artwork, antiques, boats, and aircraft can be seized if allegedly tied to criminal activity.Businesses that deal heavily in cash, like restaurants and convenience stores, are at risk of having their cash registers, safes, and other assets seized if illegal activity is suspected. Authorities may also target gambling devices and allegedly obscene materials.Nearly anything of value can potentially be seized and forfeited. It is up to property owners to fight back and prove their innocence, which many cannot afford to do.
How Forfeiture Targets Vary by Location
The most commonly seized assets can vary significantly depending on state and local forfeiture laws and practices. Areas with laws favoring aggressive seizures may target assets that other jurisdictions would not.For example, in Philadelphia, analysis by the Philadelphia Inquirer found the most commonly forfeited assets were small amounts of cash, often less than $200. Vehicles were the next most common, followed by houses in some cases. The median forfeiture case was for just $178.But in other cities like Chicago, cars made up nearly half of items seized, while cash accounted for just 26% of seizures. The differences highlight how localized practices shape forfeiture activity.
Controversies and Reform Efforts
The use of civil forfeiture has come under growing scrutiny in recent years due to perceived abuses and overreach. Critics argue it incentivizes policing for profit, with agencies dependent on forfeiture revenue.There are many stories of citizens having cash, vehicles, or homes seized without evidence of criminal wrongdoing. Fighting back is often prohibitively expensive and futile.Reform advocates have had some success pushing back against forfeiture abuses. Four states have abolished civil forfeiture entirely: New Mexico, Nebraska, North Carolina, and Maine. Others have passed laws to increase protections for property owners.On the federal level, the Supreme Court has taken new interest in limiting forfeiture abuses, agreeing to hear a major case on whether forfeitures violate the 6th Amendment right to a speedy trial. The case could have profound implications.While civil forfeiture remains deeply entrenched in many jurisdictions, there are signs of momentum for reform as more light is shed on damaging practices. But major change will likely require extensive public pressure and advocacy.
Conclusion
In summary, cash, vehicles, real estate, and bank accounts are among the most commonly seized assets in civil forfeiture cases. However, a wide range of valuables may be targeted if allegedly tied to criminal activity. Forfeiture practices vary greatly depending on state laws and local enforcement priorities. But citizens often suffer severe hardships when vital property and finances are seized without a criminal conviction. Growing awareness of such abuses has spurred reform efforts, but civil forfeiture remains a controversial law enforcement tool.