What Property Can Be Seized or Forfeited?
Forfeiture laws allow the government to take your property, even if you haven’t been convicted of a crime. It’s a controversial practice that disproportionately impacts poor and minority communities. But what exactly can be seized or forfeited? Let’s break it down.
Cash
Cold hard cash is fair game for seizure, The police can take cash they find during a search or traffic stop if they claim it’s tied to illegal activity like drug dealing. There’s no need to prove the cash came from crime, just suspicion. Even if you’re never charged or aquitted, good luck getting your money back!
Vehicles
Cars, trucks, boats, planes – forfeiture laws let cops snatch almost any vehicle. They often target flashy rides under the assumption their owners must be criminals. But regular folk lose their main transport too. An elderly diabetic had his truck seized leaving him stranded without meds. All because his son borrowed it to sell $40 of weed. Crazy right?
Homes
Yup, the police can take your house! It happens most often in drug cases. Let’s say the cops bust your deadbeat son for selling oxys from your basement. Even if you didn’t know, prosecutors can argue your home facilitated a crime. Next thing you know, the county owns your place and you’re on the streets.
Other Property
Forfeiture laws grant police the power to take almost anything of value that’s even loosely connected to criminal activity:
- Jewelry
- Electronics
- Tools
- Furniture
- Collectibles
- Artwork
- Clothing
- Pretty much anything
So that Rolex your shady brother-in-law gave you? Or the TV he helped carry? Kiss them goodbye if he gets arrested.
Fighting Back
Police and prosecutors have most of the power in forfeiture cases. Few regular people can afford lengthy court battles. But some defenses exist:
- Innocent Owner: Argue you own the property but didn’t know about or consent to any crime.
- Excessive Fine: Getting your house seized over minor drug sales may violate the 8th Amendment.
- State Laws: Some states have passed reforms limiting abusive forfeitures. Check local laws for protections.
You can also turn to nonprofits like the ACLU or Institute for Justice that fight forfeiture abuse and provide legal aid. Don’t let the government take your hard-earned property without a fight!