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Asset Forfeiture Report

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“This tightly reasoned document is a call for action by legislatures, citizens and,
in the last resort, the Supreme Court.”

—Richard A. Epstein, University of Chicago Law School

Policing for Profit: The Abuse of Civil Asset Forfeiture

By Marian R. Williams, Ph.D.
Jefferson E. Holcomb, Ph.D.
Tomislav V. Kovandzic, Ph.D.
Scott Bullock

March 2010

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Download Policing for Profit: The Abuse of Civil Asset Forfeiture

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Video: Policing for Profit

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Civil forfeiture laws represent one of the most serious assaults on private property rights in the nation today.  Under civil forfeiture, police and prosecutors can seize your car or other property, sell it and use the proceeds to fund agency budgets—all without so much as charging you with a crime.  Unlike criminal forfeiture, where property is taken after its owner has been found guilty in a court of law, with civil forfeiture, owners need not be charged with or convicted of a crime to lose homes, cars, cash or other property.

Americans are supposed to be innocent until proven guilty, but civil forfeiture turns that principle on its head.  With civil forfeiture, your property is guilty until you prove it innocent.

Policing for Profit: The Abuse of Civil Asset Forfeiture chronicles how state and federal laws leave innocent property owners vulnerable to forfeiture abuse and encourage law enforcement to take property to boost their budgets.  The report finds that by giving law enforcement a direct financial stake in forfeiture efforts, most state and federal laws encourage policing for profit, not justice.

Policing for Profit also grades the states on how well they protect property owners—only three states receive a B or better.  And in most states, public accountability is limited as there is little oversight or reporting about how police and prosecutors use civil forfeiture or spend the proceeds.

Federal laws encourage even more civil forfeiture abuse through a loophole called “equitable sharing” that allows law enforcement to circumvent even the limited protections of state laws.  With equitable sharing, law enforcement agencies can and do profit from forfeitures they wouldn’t be able to under state law.

It’s time to end civil forfeiture.  People shouldn’t lose their property without being convicted of a crime, and law enforcement shouldn’t be able to profit from other people’s property.

Executive Summary

Foreword by Scott Bullock

Part I: Policing for Profit by Williams, Holcomb and Kovandzic

Part II: Grading the States by Scott Bullock

Detail: Final State Forfeiture Grades and Map

Download by State

Select State

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

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Federal Government

Stories of Forfeiture Abuse

Select Story

Shakedown in Tenha, Texas

Extravagance with Forfeiture Funds in Camden County, Ga.

Data Reveals Texas Law Enforcement's Dependence on Forfeiture Funds

Canine Sniffs Yield Unreliable Evidence for Forfeiture

Despite State Protections, Nebraska Troopers Seize Cash

Forfeiture as Extortion in Jim Wells County, Texas

In Lamar County, Ga., "They had guns and badges and they just took it."

Seizing Elderly Woman's Home in Philadelphia

Appendix A: Methods

Appendix B: Detailed Statistical Results

Reviews, Endorsements and What's Being Said About Policing for Profit

Maps, Charts and Facts

Model Legislation, Op-eds, News Articles and Links

Map: Policing for Profit State Grades

Model Asset Forfeiture Law

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Table: Civil Forfeiture Proceeds Distributed to Law Enforcement

Table: Standard of Proof in State Forfeiture Laws | |

Table: Innocent Owner Burden in State Civil Forfeiture Laws

Graph: Deposits to Department of Justice Assets Forfeiture Fund, 2001 to 2008 | |
Graph: Net Assets of Departments of Justice and Treasury Forfeiture Funds, 2000 to 2008 | |
Graph: Equitable Sharing Payments to States from the Department of Justice Assets Forfeiture Fund, 2000 to 2008 | |
Table: Boost in Equitable Sharing Payments from Stricter State Laws | |

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