Police are stealing more from citizens annually than criminals, thanks to
civil asset forfeiture — or “stop and seize” — and the value of the theft is in the billions.
Civil asset forfeiture allows cops to
seize cash and/or property
from those deemed guilty until proven innocent, and in some cases, all
they need is a thin veil of probable cause to do so. They don’t even
need a warrant. What’s more, authorities are not only able to take what
they like from these presumed criminals, they’re also legally allowed to
keep it – anything from money, to vehicles, to entire homes – and the
practice has been
on the rise, showing a “meteoric, exponential increase” over the last decade, according to a
recent report by the non-profit civil liberties law firm Institute for Justice.
Perhaps the most problematic aspect of the chronic civil asset
forfeiture is that one does not even need to be charged with a crime,
much less convicted of one.
Asset forfeiture funds collected at the federal level by the
Department of Justice and the U.S. Treasury tripled from $1.5 billion in
2008 to $4.5 billion in 2014, as compared with an
FBI report stating “[v]ictims of burglary offenses suffered an estimated $3.9 billion in property losses in 2014.”
Institute for Justice report co-author Dick Carpenter believes at
least one explanation for the dramatic rise in civil asset forfeitures
is due to the “lean economic years” 2008 to 2014 have posed, stating,
“Forfeiture is an attractive way to keep revenue streams flowing when
budgets are tight.”
“With government unable to pay police as much as they need or would
like, police are confiscating their revenue directly from the populace,”
Bloomberg
reports, and as far as a 2014 Washington Post
report is concerned, “a little-known cottage industry of private police-training firms” is behind it all.
“A thriving subculture of road officers… now competes to
see who can seize the most cash and contraband, describing their
exploits in the network’s chat rooms and sharing ‘trophy shots’ of money
and drugs.”
That same Washington Post report quotes Deputy Ron Hain of Kane
County, Ill., as stating in a self-published book he wrote under a
pseudonym, “All of our home towns are sitting on a tax-liberating gold
mine.” In that book, Hain urges “turning our police forces into
present-day Robin Hoods.”
The same failure in funding our infrastructure that sends our public
schools begging for their very survival now has our police forces
robbing from the citizens they are designed to protect in order to pay
their own wages, and somewhere along the line, they started getting
carried away.
Thousands upon thousands of citizens have been forced to either suck
it up and take the loss or attempt fighting the issue in court,
attempting to regain their seized assets. Frequently, the value of the
assets seized is of such a small amount, however, that a pricey court
battle is not worth the effort, so
cops win by default. Though the value of seized assets can vary, forfeitures can average anywhere from
$650 to
$1,250, but even be as small as a single dollar. Done enough, however, it adds up quickly.
Furthermore, authorities found to have seized assets unjustly almost never receive any form of discipline for their actions.
There are double-standards, too.
In Washington D.C., for example, owners of seized property only have 30 days to contest their forfeiture; whereas, the city has
an entire year to file
its civil forfeiture action against an alleged suspect, and they can
sit on the owner’s assets the entire time. Nor do they even have to take
good care of it. Sean Day, co-counsel to a
class-action lawsuit against D.C. for its civil asset forfeiture practice, says, “It’s become a cash cow for a lot of jurisdictions, frankly.”
There is also a federal loophole commonly known as
“equitable sharing”
that police departments can use to sidestep state and local civil
forfeiture laws, allowing them to tap into a slice of the economic pie
by utilizing
federal civil forfeiture laws.
Rep. Tim Walberg, R-MI., and
Sen. Rand Paul,
R-KY., put forth legislation in 2014 in the hopes of restricting, or
even eliminating equitable sharing, however, with Walberg
calling his bill
“common-sense” because it “does not detract from good law enforcement,”
adding that Americans should be able to live “without the fear of
overweening government.”
Even more aggravating is the fact that victims of civil asset
forfeiture in places like D.C. who wish to fight for their right to win
back their own property may be faced with a fee to even begin the
process. They must pay
10 percent of the value
of their seized assets before they can begin proceedings, ranging from
$250 up to $2,500. Failure to pay means the authorities automatically
win and get to keep the seized property.
Additionally, once one pays the 10 percent fee and makes it into
court, the burden of proof then rests on the shoulders of the robbed
citizen, who has to prove by a “preponderance of the evidence” that they
have absolutely no connection to criminal activity in order to win back
their property, which is a great deal more evidence than a department,
such as D.C.’s Metropolitan Police Department (MPD), needs to show in
order to keep it. Citizens also do not have a right to any form of
court-appointed counsel since these matters play out in civil, rather
than criminal court. If you’re too broke to pay to fight, you lose by
default.
Fortunately, 36 states ask for
a little more evidence
than Washington D.C. before the system is willing to look the other way
regarding citizen’s pilfered property, but the fact remains that U.S.
citizens are being robbed blind, and the greater culprits are not
bandits in black masks and knit hats, but our good old boys in blue.
Store it yourself and not in your house. Put it some place where only you can find it and you have access no matter what. At least then, you have a chance at keeping it, especially in our surveillance society. This isn't the 1930s people: they see everything now. So you have to be smarter. If they know where it is, they will take it when the time comes. And you have to know that precious metal owners are most definitely on a list. And in our times, they no longer politely knock on doors - they kick them in, shoot the dog, and point machine guns at your children.