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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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…
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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…
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Must We Be Submissive to the Cops?
CEI has just published my paper “They’re Taking My Stuff!”: What You Need to Know about Seizure and Forfeiture.” My interest in this topic…
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“They’re Taking My Stuff!”
What You Need to Know about Seizure and Forfeiture…
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Ending a Destructive and Illegal Government Program
Late last week the U.S. Supreme Court vacated a stay on a lower-court decision that struck down the Biden administration’s extension of the CDC’s nationwide eviction…
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Landlords Deserve Protection Too
Yesterday, the U.S. Supreme Court struck down the Biden administration’s extension of the Centers for Disease Control and Prevention’s nationwide eviction moratorium. While most…