U.S. Police Civil Forfeiture Now Amounts to More than All Theft & Burglary Combined
From 2000 and 2019 Cops Seized $69 Billion From People, Most of Whom Were Not Even Charged with a Crime
U.S. Police Civil Forfeiture Now Amounts to More than All Theft & Burglary Combined
From 2000 and 2019 Cops Seized $69 Billion From People, Most of Whom Were Not Even Charged with a Crime
Photo by Janne Simoes on Unsplash
Civil asset forfeiture has become a controversial practice in the United States, with law enforcement agencies now seizing more property from citizens than burglars steal annually…
The Scale of Civil Asset Forfeiture
**In 2014, for the first time ever, law enforcement officers took more property from American citizens than burglars did. That year, the Treasury and Justice departments deposited over $5 billion into their respective asset forfeiture funds,[ while FBI reports showed burglary losses topped out at $3.5 billion](https://www.nemannlawoffices.com/blog/law-enforcement-seized-more-from-people-than-burglars-stole-last-year.cfm)**
This pattern has continued in recent years. Between 2000 and 2019, authorities seized approximately** $69 billion from people, most of whom were not even charged with a crime**.
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Seizure Amounts: In 2014, federal asset forfeiture accounted for over $5 billion going into Justice and Treasury Department coffers. In fiscal year 2014, local law enforcement agencies seized over $4.5 billion in assets
Median Forfeiture Values: The median forfeiture value across 21 states was $1,276, with half of cash seizures falling below $1,000. In Michigan, half of all civil forfeitures of currency were worth less than $423, and in Pennsylvania, the median value was $369
Growth Over Time: From 1986 to 2010, government seizures increased dramatically from $93.7 million to $2.50 billion. Between 2002 to 2012, seizures grew by 600%
Lack of Criminal Charges: An estimated 85% of civil forfeiture cases do not result in the property owner being charged with a crime
Racial Disparities: African Americans, Caucasians, and Hispanics each made up about 31% of asset forfeiture cases, indicating potential racial disparities in how civil forfeiture is applied
Incentives for Law Enforcement: Law enforcement agencies can keep up to 100% of the proceeds from forfeited property under some state laws, creating a strong financial incentive to pursue civil forfeiture
Legal Burden on Owners: Property owners must prove their property was not involved in criminal activity to reclaim it, reversing the usual “innocent until proven guilty” standard
Use Against Minor Infractions: Civil forfeiture is often used against individuals stopped for minor infractions like traffic violations, where police suspect the money is connected to criminal activity
Supreme Court Scrutiny: The U.S. Supreme Court has expressed concerns about civil forfeiture practices potentially violating constitutional rights, such as the Due Process Clause and the prohibition on excessive fines
Reforms and Criticisms: Some states have reformed their laws to require a criminal conviction before property can be forfeited or have shifted the burden of proof to the government to protect innocent owners, However, there remains significant opposition from law enforcement against these reforms
How Civil Asset Forfeiture Works
Civil asset forfeiture allows law enforcement to seize property they suspect **is connected to criminal activity, without necessarily charging or convicting the owner of a crime**. The burden of proof then falls on the property owner to prove their innocence and reclaim their assets through a often costly and time-consuming legal process.
Key aspects of civil asset forfeiture include:
*- No criminal charges or conviction required
- Property itself is considered the defendant
- Burden of proof is on the owner to prove innocence
- Law enforcement can keep seized assets or proceeds from their sale*
**Seizures often target small amounts, with median forfeitures in some states as low as $369-$530**.
**Law enforcement agencies can keep seized assets, potentially incentivizing abuse**
Forfeiture actions are often concentrated in the poorest neighborhoods
Reform Efforts
Some states have taken steps to reform civil asset forfeiture laws:
- Three states (North Carolina, New Mexico, and Nebraska) have abolished civil forfeiture entirely
- Fourteen states require a criminal conviction for most or all forfeiture cases
- Fifteen states and Washington D.C. require the government to bear the burden of proof for innocent-owner claims
However, federal adoption policies can sometimes allow local law enforcement to circumvent state restrictions
The fact that law enforcement now seizes more property through civil asset forfeiture than criminals steal through burglary highlights the urgent need for reform.
While proponents argue it’s a necessary tool to fight crime, its clear the current system too often violates property rights and due process, disproportionately affecting innocent citizens and low-income communities.
Fuck The Police:
Civil asset forfeiture has become the legalized stick-up of the century, with cops playing the role of robbers and the law as their accomplice.
This isn’t just a case of the fox guarding the henhouse; it’s the fox running a protection racket. Law enforcement is now outpacing common crooks in swiping property, and they don’t even need to break a sweat or a window.
The staggering reality that police are seizing more than burglars should make anyone question if the badge is just a license to loot.
This legalized plunder is nothing short of a bureaucratic shakedown, where your wallet is guilty until proven innocent. It’s not just a violation of due process; it’s a mockery of justice itself.
The fact that this travesty continues unabated highlights an urgent need for reform. Until then, remember: the next time you see those flashing lights, it might not be to protect and serve but to seize and keep.
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