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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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,…
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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…
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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…
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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.” …