Civil Asset Forfeiture Flashcards
when can law enforcement permanently seize money/property from someone?
whenever they suspect* it is connected to criminal activity
what is civil asset forfeiture?
allows police to seize property they think has been involved in criminal activity
how can owners get their property back?
they have to prove IT wasn’t involved in criminal activity
big part of its history?
war on drugs
what is the justice department equitable sharing program (1984)?
seized assets shared & liquidated between state & federal enforcement authorities
transfer what % of assets back?
80%
what is standard proof?
preponderance of evidence (pretty certain) – most states
some recent changes?
24 states have tightened forfeiture laws, 14 require criminal conviction, few states have abolished civil forfeiture laws
what happened in Timbs v. Indiana (2019)?
small time drug dealer, seized his Land Rover cuz they claimed he “used it to sell drugs”
what is the story of Mary & Leon Adams?
police seized house cuz grandson sold $60 worth of weed
who does civil asset forfeiture laws disproportionately impact?
poor/minorities
goofy things departments have used seized money on?
boujee coffee maker, clown for bday party