An Obvious (But Insufficient) Civil Asset Forfeiture Reform

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Isn’t it strange that there should even have to reforms like this?

Wisconsin Gov. Scott Walker, a Republican, signed into law a forfeiture reform bill last week that will require law enforcement officials to obtain a criminal conviction before permanently taking a person’s cash or property, making Wisconsin the 15th state to do so.

The law is intended to address the controversial practice of civil asset forfeiture, a common legal maneuver that allows police to seize and keep cash, real estate and other property from people suspected of criminal activity, regardless of whether those people are convicted. …

Nationwide, forfeiture actions amount to a huge transfer of property and wealth from private people to government agencies. At the federal level alone, asset seizures topped $5 billion in 2014, greater than the amount of property lost to burglary. The inspector general of the Justice Department last year found that since 2007, the Drug Enforcement Administration alone took more than $3 billion in cash from people who were never charged.

The article, from the Washington Post, goes on to suggest that even this sort of reform is not enough, given the loopholes.  For instance, the requirement for those whose property has been taken to file a complaint and go to court creates a large disincentive in cost and convenience.  A person who had his or her money confiscated while passing through a distant state might not find it worthwhile to pursue the matter.

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Still, some reform is better than none, in this case.  Ideally, legislation would require the confiscating agency to pro-actively return the property, and that shouldn’t be a difficult addition unless, of course, the practice is more a money maker than a law enforcement tool.



  • Nancy Reagan

    “a huge transfer of property and wealth from private people to government agencies”, well, maybe that will prove to be an incentive not to deal drugs. You remember “Just say, no”, right? Well, it didn’t work.

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