Forbes recently published a damning piece highlighting the abuses of the Department of Justice’s use of civil asset forfeiture. An audit conducted by the Office of the Inspector General begun in 2014 states that over a 5-year period, the DEA
- seized $14.3 million dollars in
- 381 cases
- only 2 of which involved illegal substances.
Perhaps most disturbingly, the DEA recruited employees of private businesses like airlines and shipping companies as informants. By using private citizens instead of government officials, seizures resulting from these channels, called “Limited Use” sources, skirt the Fourth Amendment requirements for a search warrant, informant testimony, and a specific statement of what is sought in advance of the search. Limited Use sources have collected millions of dollars in finder’s fees. The report further indicates that 88% of the DOJ’s forfeiture cases involve no judicial oversight whatsoever. It is also interesting to note that the OIG indicates that the DEA erected “obstacles and delays” to the audit.
In June, Iowa Senator Chuck Grassley introduced the DUE PROCESS Act (Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches & Seizures). Once again, when faced with embarrassing evidence of federal misconduct, Congress scrambles to do as little as it possibly can to deflect criticism, while circling the wagons to maintain its control (please read “Do as I Say…” and “Congress Begins Acting…” for more on this).
Why does the DUE PROCESS Act come up short? For one thing, the DUE PROCESS Act leaves intact the perverse financial incentives for law enforcement to seize property without charging its owner with a crime…i.e., they still get to keep what they take. The DUE PROCESS Act also fails to address the heart of the matter: civil asset forfeiture is a direct violation of our Fourth Amendment rights:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Our Constitution states that If government officials are going to take your property, they must convince a judge to issue a warrant, and state ahead of time where they will search, what they’re looking for, and why there’s reasonable cause to conclude that the property is connected to a crime. O
nce this principle is violated for a popular cause like curbing illicit drugs, it becomes that much easier to invalidate it for flimsier and more controversial reasons. Civil asset forfeiture doesn’t need “greater transparency." It needs to be done away with altogether. If the government is not going to get a warrant and charge you with a crime, it shouldn’t be able to seize your property. Period. Congress and the DOJ don’t agree, because it’s not the rich & powerful who are being victimized by this practice. It’s time to make them listen.
Please tell your state legislators that you want them to push back against this abuse by signing our petition at www.cosaction.com. You can use the buttons below to let your friends know that there’s something they can do about this.
Can’t see the buttons? Scroll up and click on the title, Civil Asset Forfeiture Update.
