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How Law Enforcement Agencies Profit From Forfeitures

March 21, 2024 Uncategorized

How Law Enforcement Agencies Profit From Forfeitures

Forfeiture laws allow police to seize assets like cash, cars, and even houses that they suspect are tied to criminal activity. The idea is to disrupt illegal operations by cutting off the flow of their funding and resources. But in practice, forfeiture has become a way for law enforcement to self-fund by taking and keeping property from people who are often never charged with or convicted of a crime.

Civil asset forfeiture laws allow police to take assets without even filing criminal charges — they just need to suspect the property is somehow tied to criminal activity. And because these are civil cases, the legal standard is lower than it would be in a criminal case. To get seized property back, owners must prove their innocence in court, which can be expensive and difficult. So in many cases, people end up letting police keep the seized assets even if they’ve done nothing wrong.

Police departments have a big financial incentive to take advantage of these lax laws, because in most states and at the federal level, they are allowed to keep some or all of the proceeds from forfeitures they make. So seizing and keeping assets — even from innocent people — has become a way to pad their budgets. Its basically legalized theft.

The Incentive Structure Encourages Questionable Seizures

When police are allowed to directly profit from forfeitures, it skews their priorities toward taking as much property as possible. There are countless stories of people having cash, cars, homes seized over minor infractions, or just because they happened to fit a profile. Heres some examples:

  • An elderly couple in their 80s had their home seized over a small drug deal their son made on their porch.
  • A college student had $11,000 seized by the DEA because he was traveling with cash on a train.
  • A church band had $19,000 seized by police while on tour, just because they were driving through the county.

In most cases, police never filed any criminal charges — but they got to keep the cash and property anyway. Thats because civil forfeiture places the burden of proof on the owners, not police.

Police also target property like cash more often than drugs, because its easier to seize and its hard for owners to dispute. A Washington Post investigation found that warrantless cash seizures on highways have become a booming business for police. Officers even have a slang term for it — “highway interdiction.” They pull over drivers for minor reasons, then take any cash they find. Most drivers don’t fight back, because it would cost more in legal fees.

With this kind of incentive structure, its no wonder many departments are seizing more property than ever. Federal forfeitures increased 44% from 2008 to 2018. State and local authorities collected over $3 billion in forfeitures in 2012 alone.

The Money Often Goes Right Back to the Police

So where does all this seized money and property go? In most states and at the federal level, law enforcement agencies get to keep a cut, sometimes up to 100%. This “equitable sharing” program lets local and state police collaborate with federal agencies, then receive up to 80% of the proceeds.

As a result, forfeiture revenue has exploded into a multibillion dollar industry. A 2020 report found that annual forfeiture revenue across 14 states more than doubled from 2002 to 2013, reaching over $250 million. Thats a lot of money that goes right back into police budgets, often with little oversight.

Police use these forfeiture funds to purchase new equipment, weapons, vehicles, and other tech. For example, Lauderdale County, Tennessee used forfeiture funds to buy margarita machines and a Zamboni ice resurfacing machine. District attorneys use it to subsidize their salaries. The Los Angeles County Sheriffs Department paid officers’ overtime salaries with forfeiture money.

Relying on forfeiture revenue creates a dangerous incentive to seize as much property as possible. It can lead to over-policing for profit rather than public safety. Which is why many critics argue that police shouldn’t be allowed to directly profit at all.

Innocent Owners Face Major Burdens

The biggest problem with civil forfeiture is that it forces property owners to prove their innocence, which flips the burden of proof in unethical ways. Unlike criminal law, owners don’t have to be convicted or even charged with a crime for police to take and keep their stuff indefinitely.

To contest a seizure, owners must file a claim and post a bond, then engage in lengthy, expensive court battles against the government’s civil attorneys. For most people, this costs more in lawyers fees than the seized property is even worth. So understandably, many end up walking away without a fight.

This is exactly what police are counting on — they even have a name for it: “Quick release.” Its when they exploit low dollar seizures & limited legal resources, knowing owners won’t challenge it.

Even if owners win in court, some states allow law enforcement to keep seized property pending appeal…which drags cases out for months or years. Meanwhile, authorities get free reign to use cars, cash, and homes however they want.

Its extremely difficult for innocent owners to get their property back once its seized. Contesting forfeitures requires time, money, and knowledge of the law that most people don’t have. And with the deck stacked against them like this, many feel coerced into bribing police just to get their stuff back.

Reforms Are Slowly Gaining Traction

Civil liberties groups have argued for forfeiture reform for decades. Critics say the practice violates due process and property rights, and disproportionately harms low-income and minority communities.

Some states have passed laws banning police and prosecutors from using forfeiture revenue on salaries and benefits. Others now require a criminal conviction before property can be forfeited. But progress remains slow — many states still allow 100% of forfeiture proceeds to go right back to law enforcement.

The tide is starting to turn though. New Mexico and Nebraska both abolished civil forfeiture entirely. Several states now require criminal convictions before forfeitures, or have raised the legal standard to “clear and convincing evidence.” Others have limited how much revenue police can keep.

There is also growing bipartisan support for federal reform. In 2021, the House passed a bill that would eliminate equitable sharing payments to local police. It would also shift the burden of proof onto the government to establish property is connected to a crime. While it faces major hurdles in the Senate, its a sign that forfeiture abuse is finally getting mainstream attention.

Many argue the practice should be abolished altogether. Short of that, reform advocates say that forfeiture revenue should go into general funds, not directly into police budgets. Standards of proof should be raised and innocent owners should have clear paths to get their property back quickly.

Without such reforms, civil asset forfeiture will continue to undermine due process and police-community relations. When the law allows cops to seize property from innocent people and profit from it, it perverts the entire system of justice.

 

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