Civil Asset Forfeiture Reform Progress

The government power to seize property without criminal conviction and the reform movement

The Power

Civil asset forfeiture allows law enforcement to seize property suspected of connection to criminal activity without requiring a criminal conviction or even criminal charges against the property owner. The burden of proof is on the property owner, not the government. The practice generates approximately 2 billion dollars annually for federal, state, and local law enforcement.

The Reform

Approximately 35 states have passed reforms that raised the standard of proof required for forfeiture, eliminated or reduced the equitable sharing program that incentivized local law enforcement to pursue federal forfeiture for revenue, and required criminal conviction as a prerequisite for forfeiture in several states. The reforms are real. The practice continues in jurisdictions where reform has not reached.

Surf Revolt Coverage

Surf Revolt covers civil asset forfeiture because it is the government power whose abuse most directly violates the property rights that the libertarian tradition regards as foundational.

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