In September, the South Carolina Supreme Court upheld the state’s civil forfeiture laws, which allow police to confiscate money, cars, and homes without ever filing criminal charges. The ruling allows law enforcement officers to engage in legalized theft.
This “policing for profits” is often used to provide additional funds for police departments strapped by budget constraints. In South Carolina, the seizing agency gets to retain more than 75 percent of what is seized, thereby providing incentive to seize property. In many jurisdictions, police target out-of-state drivers. They then look for a pretense to seize any cash or other valuables. The owner can go to court to have his property returned, but the costs of doing so are often more than the amount seized.
In its ruling, the Court found that “the government has a strong, legitimate interest in forfeiting property connected to criminal activity.” However, civil forfeiture laws allow the police to seize property even if no criminal charges are filed, let alone a conviction being obtained. All that is required for the police to seize property is a suspicion of criminal activity. The victim of this legalized theft must then prove his innocence.
Maine, Nebraska, New Mexico, and North Carolina have all abolished civil forfeiture. In those states, property cannot be seized until after a criminal conviction. It is proper that individuals do not benefit from criminal activities. But justice demands that they first be convicted of a crime before their property is seized. Justice demands that the government prove an individual’s guilt before seizing his property. The Institute for Justice is leading the charge to repeal civil asset forfeiture laws.
It is time for all states, as well as the federal government, to abolish civil asset forfeiture. Until that occurs, the innocent will continue to have their property seized by police, and law enforcement agencies will continue to be incentivized to engage in legalized theft.