Sunday, November 22, 2015

Civil Asset Forfeiture

In 2014, the federal government confiscated some $4.5 billion from Americans through civil asset forfeiture, according to a recent report from the Institute for Justice.(http://ij.org/report/policing-for-profit/)

As part of its report, the Institute issued state-level grades based on a variety of criteria, like the share of forfeited funds that police get to keep and protections for innocent owners. Most states and the federal government earned a D-. Two states, Massachusetts and North Dakota, earned an F for the incredibly low standard of proof required to forfeit goods there

This activity has been growing in recent years and there is compelling evidence that cities and police departments use these laws to beef up their budgets.(Washington Post analysis) Texas is rated a D+ and confiscated $26.6 Million in 2014 from its citizens.

Williamson County confiscated $98,344 in 2014 and Georgetown took in $58,024. It is unknown if crimes were committed and people were charged and convicted before the funds were appropriated to the city's and county's use. They should be asked how many forfeitures there were, the amount of money realized from each forfeiture and whether individuals were charged and convicted for each forfeiture.

Using civil asset forfeiture laws is inherently unfair unless a criminal conviction has been obtained. We need to encourage our state legislators to modify the enabling legislation to stop civil asset forfeiture in Texas until after a criminal conviction.

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