Law enforcement agencies and prosecutors claim that civil asset forfeiture (CAF) is a crucial tool in fighting the “war on drugs.” CAF allows law enforcement agencies to seize property suspected of being involved in a crime.
The Texas Tribune recently published a story that examines CAF in four Texas counties. Interestingly, in about 40 percent of the cases, the individual whose property was seized was not convicted of a crime. And in another 20 percent of the cases, no criminal charges were even filed. Which means, in nearly 60 percent of CAF seizures, no crime was proven.
Even though more than half the property owners were never convicted of a crime, their property was still seized. And to recover their property, the owners have to engage in lengthy and expense court proceedings. Often, the expense of recovering one’s property exceeds the value of the property and the owner simply gives up. Indeed, in almost 60 percent of the cases the owner did not fight to recover his property.
Law enforcement agencies know this and use it to their advantage. CAF allows them to seize property and then shifts the burden of proof to the individual property owner.
Attempts to require a criminal conviction before asset forfeiture occurs have been fought by law enforcement agencies. The Tribune reported, “Prosecutors have also told lawmakers that it’s not always possible — or in the interest of justice — to file criminal charges in forfeitures.” Yet, we are to believe that seizing property without criminal charges being filed is somehow in the interest of justice. CAF is a government imposed penalty, and it is a penalty imposed without a criminal conviction. There is nothing just about that.