How long must we live under an
irrational legal system? Perhaps, at a
local level, we can all begin to have an impact.
As long as those laws lead to
windfall profits, perhaps.
"Asset forfeiture of property merely suspected of involvement in illegal activity has become an extremely lucrative business for law enforcement throughout the country.
· In 1998, DEA and U.S. Customs agents seized over $525 million in cash and property.
· Many federal, state, and local police budgets are dependent upon proceeds obtained from assets seized, thereby creating a clear conflict of interest for officers involved in these seizures.
Since civil asset forfeiture proceedings constitute an action against the property itself (not the owner of the property), few of the constitutional safeguards present in criminal cases apply. For example, there is no presumption of innocence and no right to an attorney in these cases.
Police are not required to arrest or even charge those whose assets are being seized. In fact, during a 10-month national study, The Pittsburgh Press found that 80% of people who were forced to forfeit property were never charged with a crime. In addition, there is no dollar cap on forfeiture - leaving citizens open to punishment that is greatly disproportional to the alleged crime. Defending this practice, the police and DEA claim they go after "big-time" criminals, however only 17% of the items seized by the DEA were valued at more than $50,000."