Civil forfeiture has become a significant government intrusion in recent years. While it remains a viable instrument for federal agents enforcing customs laws and fighting international crime, misguided policies and misaligned incentives foster abuses and raise grave constitutional concerns.
Each year, federal and state forfeiture programs allow law enforcement to seize more than $3 billion in cash and property from thousands of people – often without ever charging them with a crime. There are also serious questions as to whether civil courts using lower burdens of proof are the appropriate means to enforce government anti-crime policies.
Civil forfeiture further jeopardizes the relationship between police and their communities when vulnerable residents who cannot afford to challenge small-value seizures are targeted. There are also questionable benefits when financially-stressed departments prioritize revenue-generating forfeitures over arrests, drug interdiction, and crime-fighting.
CEI is addressing these issues through its new Forfeiture Reform Initiative: engaging federal and state policymakers to implement much-needed reforms and educating the public about their constitutional rights to stop improper seizures in the first place.
No person should have to fear for their property while engaged in lawful activities or lose it without ever being convicted of a crime.
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Some thoughts on Constitution Day
As I drove into work today, it occurred to me: we so often take for granted the extraordinary power that the automobile gives us. Once…
Fox News
Federal judge rules that 156-year-old ban on at-home distilling is unconstitutional
Fox News cites CEI’s Devin Watkins and Dan Greenberg on Hobby Distillers Association v. Alcohol and Tobacco Tax and Trade Bureau et al: Devin Watkins,…
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Sunshine in Wyoming’s civil forfeiture
Transparency in civil forfeiture took a small step forward last week when the Wyoming Liberty Group published its latest report. One difficulty in writing about…
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Blog
Some thoughts on Constitution Day
As I drove into work today, it occurred to me: we so often take for granted the extraordinary power that the automobile gives us. Once…
Fox News
Federal judge rules that 156-year-old ban on at-home distilling is unconstitutional
Fox News cites CEI’s Devin Watkins and Dan Greenberg on Hobby Distillers Association v. Alcohol and Tobacco Tax and Trade Bureau et al: Devin Watkins,…
Blog
Sunshine in Wyoming’s civil forfeiture
Transparency in civil forfeiture took a small step forward last week when the Wyoming Liberty Group published its latest report. One difficulty in writing about…
Blog
Charlotte-area police departments are rolling in forfeiture funds
I’ve always loved William Blake’s poem “Auguries of Innocence,” which begins by asking the reader “To see a World in a Grain of Sand.”…
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Free the Economy podcast: Protecting your property rights with Betsy Sanz
In this week’s episode we cover slow-moving infrastructure projects, the impact of the conservative boycott of Bud Light, good and…
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Three Supreme Court justices have gone public about the fundamental unfairness of civil forfeiture
Yesterday, I was able to get out of the office to watch the oral argument in Culley v. Marshall before the Supreme Court of…
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Local zoning boards are not democracy
At the Competitive Enterprise Institute, we have often discussed the need to reform zoning, permitting, and building regulations, so I was intrigued…
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Hey Army Corps, stop delaying wetlands decisions!
Last month in Sackett v. EPA, the U.S. Supreme Court provided some much-needed clarity on what waters are regulated under the Clean Water…
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Progress in Congress for real civil forfeiture reform
For the last couple of years, I’ve been monitoring every change in the law in the United States in the area of civil forfeiture. Last…
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Moore good news? CEI responds to government in landmark tax case
Earlier today, the Competitive Enterprise Institute filed a reply brief in the Moores’ case. A few weeks ago, the government argued that the Supreme…
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Protecting private property in the Peach State
Institute for Justice communications manager Dan King brings us an infuriating but important story out of the state of Georgia. Property owners in the…
Blog
Supreme Court ruling restores property rights, closes spigot on Clean Water Act abuses
The U.S. Supreme Court in Sackett v. EPA has finally provided some clarity on one of the most basic questions in environmental law: what…
Blog
Supreme Court breathes new life into Takings Clause in Tyler v. Hennepin County
When you don’t pay property taxes, you run the risk of the government seizing and selling your property. That’s what happened to Geraldine Tyler, a…
News Release
Supreme Court Protects Property Rights from Federal Overreach in Sackett v. EPA Decision
The Supreme Court today ruled in favor of the Sackett family in a property rights dispute with the Environmental Protection Agency. The EPA claimed…
Land Line
Avoid seizures of cash by taking prudent measures
Recently, the Competitive Enterprise Institute distributed a report titled “Five Myths of Civil Forfeiture, Second Edition.” It is a nonprofit libertarian think tank…
Letters
CEI Joins Coalition Letter on H.R. 1525, the FAIR Act (Civil Asset Forfeiture Reform)
Dear Chairman Jordan and Ranking Member Nadler, On behalf of the undersigned organizations dedicated to the protection of civil liberties and property rights, we ask…
Blog
Taking people’s stuff: Civil forfeiture is widespread, unjust, and resists reform
Civil forfeiture is a deeply unfair practice in which government agents take and keep billions of dollars of personal property every year – usually without…
Blog
New Hampshire Civil Forfeiture Would Protect Private Property from Unjust Seizure
Several state legislators in New Hampshire will consider a major change in criminal justice policy later today. The House Committee on Criminal Justice and Public…
Products
Free to Prosper: Civil Asset Forfeiture
Civil asset forfeiture is a controversial tool used by federal, state, and local law enforcement agencies to seize cash, vehicles, houses, or other property that…
DC Journal
How Civil Forfeiture Makes It Harder for Cops to Do Their Jobs
Every year, law enforcement officers seize billions of dollars in cash and property from the public. Mostly, these seizures take place without any proof of…
Blog
Why Cops Should Be Chasing the Bad Guys, Not the Big Bucks
A recent episode of Archer featured a dialogue between two FBI agents, both riding on jet skis, chasing a wrongdoer’s boat. Agent…
Blog
Government May Not Avoid Just Compensation in Debt Seizures
Some state governments have been acting as if the Fifth Amendment’s requirement of just compensation doesn’t apply in the course of collection of government debts.
Federal News Network
How do you protect your assets from seizures and forfeitures?
CEI Deputy General Counsel Dan Greenberg described seizures and forfeitures, how to protect your assets, and how difficult it is for consumers to retrieve their…
Blog
“They’re Taking My Stuff!” – Now on Video!
News that involves the police is inherently dramatic, and stories about what police officers do regularly make the news—asset seizure of hundreds of thousands of…
Blog
This Week’s Civil Forfeiture Outrages: Do People Facing Forfeiture Get Due Process?
A high-profile reversal of a recent civil forfeiture case makes me wonder: Do those who face civil forfeiture generally receive due process of law? That…
News Release
Report: Government Seizes Billions in Private Property, but Citizens Have Little Recourse
Every year, federal, state, and local government agents take and permanently keep, collectively, billions of dollars of Americans’ property through a practice called civil forfeiture,…
Blog
Countering Civil Forfeiture Myths with Facts
Every year, federal, state, and local government agents take—and permanently keep—billions of dollars of Americans’ property through civil forfeiture. The practice of civil forfeiture creates…
Blog
Testimony on Forfeiture Reform before the Tennessee General Assembly
Earlier today, I testified before the Tennessee General Assembly on HB 2525, a measure that would reform the Volunteer State’s system of asset forfeiture.
Testimony
Testimony on House Bill No. 2525, as Amended (Forfeiture Reform)
House Bill No. 2525, as amended, will improve Tennessee’s justice system. I thank the Criminal Justice Subcommittee for allowing me to express my views about…
Blog
White House Confiscatory Tax Proposal Underlines Why CEI Is Challenging Provision of 2017 Tax Reform
Today President Biden previewed his proposed fiscal year 2023 budget. I am in complete agreement with the first five words: “Budgets are statements of values.” …
Blog
This Week’s Civil Forfeiture Outrage (Twelfth in a Series: Love Field Update)
A few months ago, I blogged about the curious case of a currency seizure at Dallas Love Field. In December, the Dallas Police Department (DPD)…
Blog
Vermont Considers Major Forfeiture Reform
Tomorrow, I will testify before the Vermont General Assembly on H. 533, a measure that would reform the Green Mountain State’s system of asset…
Blog
This Week’s Civil Forfeiture Outrage (Eleventh in a Series: Highway Robbery in California)
The bandit is the scourge of the traveler. In less developed parts of the world, travelers risk encountering bandits even today. Sometimes the bandit claims…
Blog
New Hampshire Considers Major Forfeiture Reform
The New Hampshire state legislature’s House Committee on Criminal Justice and Public Safety is considering a significant change to the Granite State’s forfeiture laws:…
Blog
This Week’s Outrage (Which, Again, Touches on Civil Asset Forfeiture)
Last week, the Birmingham News published a scorching expose of police practices in the little town of Brookside, Alabama (population 1,253). Brookside has no…
Blog
This Week’s Civil Forfeiture Outrage (Tenth in a Series: Baltimore Edition)
This Baltimore Brew news story describes how the Baltimore Police Department (BPD)—like many police departments around the country—seizes millions of dollars, thousands of weapons,…
Blog
This Week’s Civil Forfeiture Outrages (Ninth in a Series: Texas Edition)
There is a big difference between being accused of misconduct and a court finding of misconduct. Nonetheless, the recent accusations leveled against Nathan Johnson, the…
Blog
This Week’s Civil Forfeiture Outrage (Eighth in a Series)
I wish it were harder to find forfeiture outrages to write about, but they keep popping up. This week, I focus on Massachusetts. Here’s a…
Blog
This Week’s Civil Forfeiture Outrage (Seventh in a Series)
I’m happy to report that I’ve discovered no new civil forfeiture outrages this week. Instead, I’ll write about two civil forfeiture outrages that are a…
Blog
This Week’s Civil Forfeiture Outrage (Sixth in a Series)
This week’s civil forfeiture outrage begins with a photograph of a police dog crouching over more than $100,000 in U.S. currency. Earlier this week, CBSDFW.COM…
Blog
This Week’s Civil Forfeiture Outrages (Fifth in a Series)
I just finished watching one of the most gripping, compelling videos I have ever seen. It’s like a dystopian horror movie—except it’s real. It’s…
Blog
This Week’s Civil Forfeiture Outrage (Fourth in a Series)
Here’s a fascinating story in the Arizona Republic about an appeals court hearing earlier this week. Reporter Perry Vandell’s account of that hearing isn’t…
Blog
The Fruits of Forfeiture in Little Compton
The Providence Journal’s Antonia Noori Farzan just published a great story (paywalled) about the Rhode Island town of Little Compton—the second-smallest town in the…
Blog
This Week in Civil Forfeiture Outrages
Not for the first time, I came across so many accounts of civil forfeiture outrages this week that I couldn’t narrow them down to just…
Blog
Climate Change Alarmism: This Week’s Civil Forfeiture Outrages, Part 3
A fascinating story in the Huffington Post hits a CEI trifecta: abuse of government authority, climate change alarmism, and reckless spending of civil forfeiture…
Blog
The Philadelphia Steal Mill: This Week’s Civil Forfeiture Outrages, Part 2
The Institute for Justice has just published an extraordinary report on civil forfeiture. For many years, the City of Philadelphia ran what is best…
Blog
The Destruction of a Perfectly Good Corvette Convertible: This Week’s Civil Forfeiture Outrages, Part 1
A colleague suggested that CEI should start up a regular feature: Civil Forfeiture Outrage of the Week. That assignment is more challenging than one might…
Blog
IRS Needlessly Chases Minnows to Catch Whales
As part of its Fiscal Year 2022 Revenue Proposals, the Internal Revenue Service (IRS) has asked Congress to authorize a sweeping new financial reporting…
Blog
How Civil Forfeiture Can Enable Public Officials’ Misuse of Funds
A fascinating story at Reason last week—about the misuse of money confiscated through civil forfeiture—illuminates the many kinds of corruption that the practice of…
News Release
Report on Civil Asset Forfeiture Aimed at Helping People Avoid Government Injustice
A new Competitive Enterprise Institute report calls attention to a government injustice impacting too many Americans: civil asset forfeiture. The report…