Civil Forfeiture: Police Spending Relies on Seized Assets

Law enforcement throughout the county rely on the money seized under civil forfeiture law to finance increasingly escalating spending on new police toys: guns, armored vehicles, and surveillance programs. These days, even small, local police departments are increasingly militarized. They drive tanks down city streets, wield automatic weapons, wear military-grade armor, and resemble armies more than they do cops walking the beat. See Rand Paul’s great op-ed about out-of-control police militarization in light of events in Ferguson, MO. As surveillance technology becomes increasingly effective and available, police departments are buying it and utilizing it like never before. So how do they pay for all of these fun, cool toys? They pay for it with the seized assets of citizens.

Assets Seized from People Who are Not Charged With Crimes

The most shocking aspect of this is that the assets which police are taking come from people who are not being charged with crimes. According to a Freedom of Information Act requests obtained by the Washington Post, local and state agencies keep almost 80 percent of the assets that they seize. This is alarming to say the least. This is how these civil forfeiture programs work: if the police pull you over and search your car and find $5,000 in cash, they can take it. Then, it is up to you to prove that you obtained that money lawfully. If you cannot, these assets now belong to the police. This is the exact opposite of how the justice system usually works. When you are charged with a crime, it is the government’s burden—not yours—to prove every element of the offense.

Highway Interdiction More Aggressive After 9-11

The Post details how these civil asset forfeiture became more pervasive after Sept, 11, 2001. The Justice Department and newly formed Homeland Security encouraged local and state agencies to employ “highway interdiction” to protect against terror and also drugs. The program began before this, however. Originally, these laws were set up to devastate highly organized drug organizations. But, they are now being used to lift cash off of ordinary citizens. Worse, police seem to be growing increasingly depending on this revenue stream to stock their war chest.

Have you been arrested for a crime? Call my office: 817-689-7002. Come into the office for a free and confidential case evaluation. Our office is downtown: 108 Main Street, Fort Worth, TX,76102