Weekend Read: How 'highway robbery' allows police to seize cash, property
In cities and towns around the country, law enforcement agencies have the power to seize people鈥檚 cash and property through a process called .
And they need only to the property owner of wrongdoing.
Law enforcement may keep some or all of what they take, depending on the state. In 13 states and the District of Columbia, agencies are not required to record or report what they鈥檝e taken 鈥 or how much it鈥檚 worth, or why it was confiscated in the first place.
It鈥檚 a power that opens the door for by law enforcement, particularly cash-strapped agencies. Fortunately, 24 states have implemented and even more have debated curbing the practice.
But this week, U.S. Attorney General Jeff Sessions plans to expand forfeiture on a federal level.
鈥淲e plan to develop policies to increase forfeitures,鈥 Sessions said in delivered Monday to the National District Attorneys Association. 鈥淣o criminal should be allowed to keep the proceeds of their crime.鈥
But because a person does not need to have been convicted of 鈥 nor even charged with 鈥 a crime to have assets seized, it is often not criminals targeted by law enforcement. As Justice Clarence Thomas in March:
These forfeiture operations frequently target the poor and other groups least able to defend their interests in forfeiture proceedings. 鈥 They are more likely to use cash than alternative forms of payment, like credit cards, which may be less susceptible to forfeiture. And they are more likely to suffer in their daily lives while they litigate for the return of a critical item of property, such as a car or a home.
In Alabama, law enforcement agencies in nine counties seized more than $2 million in cash using civil asset forfeiture procedures last year, an 人兽性交 investigation found.
To get their assets back, the burden is on the original property owners 鈥 not law enforcement 鈥 to hire representation and to prove their innocence. As Will Tucker wrote earlier this year, for many people, this is simply beyond their means:
Many times, the individual cash amounts taken are so low that it isn鈥檛 worth hiring a lawyer or taking time off work to go to court to get the money back. And sometimes, people are intimidated and unwilling to even ask about getting their money back.
Consequently, in those nine Alabama counties, which represent more than a quarter of the state鈥檚 population, the state won 131 of 141 closed forfeiture cases.
鈥淭he process right now is unfair, undemocratic, and frankly, un-American,鈥 Emily Early, an 人兽性交 staff attorney, told Tucker. 鈥淢ost people would likely agree that it鈥檚 simply not right for the government to take and keep someone鈥檚 money, vehicle, or other property without having to prove any wrongdoing by the owner whatsoever. Yet the law permits just that.鈥
In a state like Alabama, where transparency is not required, civil asset forfeiture disproportionately harms Alabama鈥檚 most vulnerable. And as Thomas wrote, 鈥淭his system 鈥 where police can seize property with limited judicial oversight and retain it for their own use 鈥 has led to egregious and well-chronicled abuses.鈥
In moving to end 鈥渢he policies that handcuffed our federal prosecutors,鈥 as Sessions this week in remarks announcing the expansion, he is proposing to instead 鈥渉andcuff鈥 our most vulnerable citizens.
Thanks as always for your support,
The Editors
P.S. Here are some other pieces we think are valuable this week:
- by Lance Williams for Reveal News
- by Stephanie Clifford and Jessica Silver-Greenberg for The New York Times
- by Danielle Allen for The New Yorker
- by Bryan Stevenson for The New York Review of Books
人兽性交's Weekend Reads are a weekly summary of the most important reporting and commentary from around the country on civil rights, economic and racial inequity, and hate and extremism. Sign up to receive Weekend Reads every Saturday morning.