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.
Featured Posts
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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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Mississippi Voters Pass Initiative Restricting Eminent Domain Powers
Yesterday, voters in Mississippi overwhelmingly passed Initiative 31, which will limit eminent domain condemnations for private benefit. Despite opposition from Republican Governor Hailey…
Blog
Spectrum Crunch Hype is No Scam
In a recent Washington Times op-ed, Mark Hyman of the Sinclair Broadcast Group makes some compelling arguments calling for a spectrum inventory. His suggestion…
Blog
Wealthy Chanhassen, Minnesota, NIMBYs Oppose Retail Competition, Support Development Socialism
Reading the tired, silly claims of left-wing, anti-Wal-Mart activists generally makes me yawn. But it annoys me to see some of my former neighbors from…
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Can Fraud Be Immunized by Giving the Defrauder Certain Governmental Powers Over the Victims?
Can a private organization that has been delegated some government regulatory powers claim absolute government immunity against lawsuits when it engages in fraud against those…
Reason
Warrantless GPS Tracking, Union Dues, and Fleeting Expletives: The Supreme Court Suits Up for Another Term
Legal Brief
Amicus Brief in Sackett v. EPA
Full Document Available in PDF The Competitive Enterprise Institute filed an amicus brief in September…
News Release
CEI Urges Supreme Court to Let Property Owners Promptly Contest EPA Claims of Wetlands Jurisdiction
Washington, D.C., September 30, 2011— The Competitive Enterprise Institute today filed an amicus brief urging the U.S. Supreme Court to allow property owners to promptly…
Reason
Think Tanks Back Mayo In High Court Patent Fight
Reason
Obama Administration Planning to Freeze Foreclosures
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Eminent Domain and Redevelopment: Down in the Dumps
Remember New London, Connecticut, the dying industrial town that threw property rights under the bus thanks to 2005’s notoriously awful Kelo decision? I’m sure your…
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Obama Justice Department Forces Banks to Make Risky Loans, Planting the Seeds of a Future Financial Crisis
The Wall Street Journal today writes about how the Obama administration is repeating the "mistakes of the past by intimidating banks into lending to…
Biersdorf and Associates
Eminent Domain Abuse and Attorney Fee Recovery
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Eminent Domain, Rick Perry, and the Trans-Texas Corridor
Attorney Alan Ackerman has a post up highlighting and commenting on an article that argues that critics of Texas Governor Rick Perry from the right…
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The “Obama Law” Devastates Impoverished People in the World’s Second Poorest Country, The Congo
People are going hungry, pulling their children out of school due to poverty, and joining criminal gangs to make ends meet in the poorest region…
Blog
How Many Billions to Bail Out Borrowers Who Fraudulently Took Out Liar Loans?
The government is looking into the possibility of bailing out underwater mortgage borrowers, including speculators and McMansion owners. It’s also seeking to…
Blog
Obama Administration Crafting Yet Another Bailout: Speculators and McMansion Owners May Benefit
As if America didn't already have enough bailouts, the Obama administration is planning yet another -- one that could enrich "McMansion homeowners and property…
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NYC Bureaucrat Tries to Harsh Urban Apiarist’s Buzz for Not “Watering” Beehive
Although New York City reversed its position on urban beekeeping in Spring 2010 and legalized the practice, there are apparently still some government employees with…
Blog
Planning to Disaster: The Zoning Apparat vs. Paula Deen’s Chickens
Those who know me are aware that one of the two weird -- so I've been told -- policy issues I'm obsessed with is urban…
Blog
What Really Makes “Postcards from Hell”
Foreign Policy just ran another “Postcards from Hell” feature detailing the worst of the worst from their “Failed States Index.” It’s worth a look.
Blog
Obama Administration Votes Against England, Supporting Argentine-Backed Resolution on the Falkland Islands
The Falkland Islands are English-speaking and have been part of the United Kingdom for generations. Although Argentina unsuccessfully tried to conquer them in 1982, they…
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Planning to Disaster: San Diego and California’s Sustainable Communities Strategies
The San Diego metro area has been institutionalizing its boring reputation by undertaking in recent years what is arguably the most aggressive regional planning effort…
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Barney Frank Used Influence with Fannie Mae, the Failed Mortgage Giant Bailed Out by Taxpayers
Former House Banking Committee Chairman Barney Frank (D-Mass.) tenaciously opposed efforts to reform Fannie Mae and Freddie Mac, the government-sponsored mortgage…
Blog
Somin on the Judicial Reaction to Kelo
George Mason University law professor Ilya Somin posted online the other day his paper on the judicial reaction to the Supreme Court’s infamous…
Blog
Donald Trump: Casino Welfare Queen and Takings-Abuser of Widows
With Donald Trump ending his quixotic-yet-simultaneously-cynical candidacy for president, this might not have the punch it could have had on his campaign, but I still…
Blog
Republicans Filibuster Left-Wing Lawyer’s Nomination to Key Appeals Court; Block Confirmation of Goodwin Liu
"Goodwin Liu's nomination to the Ninth Circuit Court of Appeals appears to be done for" thanks to a Republican filibuster, says David Freddoso of…
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Vote Expected Soon on Judicial Nomination of Left-Wing Law Professor Goodwin Liu
Senate Majority Leader Harry Reid has filed a cloture petition on the pending nomination of Berkeley Law Professor Goodwin Liu to the Ninth Circuit…
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Tom Palmer on the Morality of Profit
The Atlas Economic Research Foundation‘s Tom Palmer has a new video explaining why profits are moral and how the profit motive brings out…
Blog
Planning to Disaster: Paso Robles, Calif. Adopts Form-Based Code
I’ve previously written about the dangers of form-based codes (see here, for instance), the Euclidian zoning replacements that, rather than gut government planning abilities,…
Boston Herald
Lying with Statistics
Boston.com
Case for Bigger Convention Hall has Familiar Ring
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Stated Housing Preferences vs. Revealed Housing Reality
In March, the National Association of Realtors released the 2011 Community Preference Survey. Some greeniac urbanists are touting the survey results…
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Defending Nature via Property Rights
Elizabeth Brubaker describes why the institutions of private property are needed to defend nature, and why modern control policies that undermine them contribute to pollution…
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U.S. Property Rights Protections Continue to Decline
This morning, I attended the Property Rights Alliance’s launch presentation of the 2011 International Property Rights Index. Overall, the United States declined to…
Blog
Federal Government and State Attorneys General Push Arbitrary Mortgage Bailout
Back before the election, intellectuals with ties to the Obama administration proposed a trillion-dollar bailout for some (but not all) underwater mortgage borrowers, as…
Blog
Bidding Bon Voyage to Nationalized Wind Insurance
According to several Gulf Coast legislators, the idea of adding wind insurance to the National Flood Insurance Program is not going to happen anytime soon.
Boston.com
What’s the catch with NOAA’s catch-shares program?
A year ago, Daniel Bubb worked as a fisherman in Gloucester, Mass., operating a fishing business with more than 60 employees. Government intervention has a…
Blog
Texas Needs Real Eminent Domain Reform, Not More Empty Rhetoric
Last month, I briefly discussed the bogus eminent domain "reform" legislation that unanimously passed the Texas Senate. Over at RedState, Texas Public Policy Foundation…
Blog
Egyptian Military Seeks to Reverse Economic Reforms
The military government that replaced Egyptian ruler Hosni Mubarak is now moving to reverse recent reforms that gave Egypt solid economic growth in the last several…
One News Now
TX property owners unprotected
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Michigan May Fire Salvo Against Regressive Debit Card Price Controls
In the battle against Obamacare, the shots heard ’round the world were resolutions against the law by state legislatures. These resolutions led to court cases that…
American City and County
PPPs are good for transportation infrastructure, bad for real estate
Blog
CEI Podcast for February 10, 2011: How Not to Stop Eminent Domain Abuse
Land Use and Transportation Policy Analyst Marc Scribner takes a close look at an eminent domain reform bill just passed by the Texas State Senate.
Blog
Texas Senate Passes Bogus Eminent Domain Reform Bill
Here’s some more bad news for those of us seeking real eminent domain reform, rather than style-over-substance feel-good legislation. Here’s the Dallas Morning News…
Blog
Congress Considering “Kill Switch” for Capitalism
Introduced last summer, a bill affording President Obama executive power over private Internet companies in the event of a “national cyberemergency” is returning this year,…
Study
Restore the Constitutional Right to Property
Liberate to Stimulate Index The right to property is an essential part of a free society, and widespread private property ownership is…
AASHTO
Competitive Enterprise Institute Report Examines Limitations of PPPs
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US Loses Ground in 2011 Index of Economic Freedom
The U.S. dropped from 8 to 9 on the just-released “Index of Economic Freedom” put out by the Heritage Foundation and the Wall Street…
Blog
Villaraigosa: Brown’s Elimination of Redevelopment Agencies “a Non-Starter”
Pro-smart-growth, “green” Los Angeles Mayor Antonio Villaraigosa is upset with Governor Jerry Brown’s remarkably sensible decision to shut down the state’s 425 redevelopment agencies, including…
Study
The Limitations of Public-Private Partnerships
Government at all levels in the United States has been slowly moving away from grand central planning schemes and toward markets. One result has been…
Blog
Dodd-Frank Financial “Reform” Violates Property Rights and Equal-Protection Guarantees
Last week, I described how the Dodd-Frank financial “reform” law passed last summer violates constitutional separation-of-powers safeguards by giving unaccountable bureaucrats the…