According to the ACLU, “Every
year, federal and state law enforcement agents seize millions of dollars from
civilians during traffic stops, simply by asserting that they believe the money
is connected to some illegal activity and without ever pursuing criminal
charges.” Unsurprisingly, these procedures are legal and facilitated
through federal and state laws, leaving police agencies to routinely abuse civil
asset forfeiture schemes and greedily seize property and money for their own
use. Thus, to prevent this shameless violation of individual liberties, civil
asset forfeiture must be abolished; and eventually the extensive power it is derived
from: eminent domain.
Although asset forfeiture regulations are mostly created at
the state level, the federal government has expanded civil asset forfeiture
through “The
Department of Justice's Equitable Sharing Program, established in 1984, [which]
pushes for local agencies to participate in joint investigations with them in
exchange for receiving a share of the assets seized”. These assets are then
delivered into the participating law enforcement agencies. “More
than 7,000 law enforcement agencies participate in this program, and more than
$2.7 billion has been shared with law enforcement agencies since 2009.”
However, the Institute for Justice, a civil liberties
oriented legal group, states “80 percent of
the people who have been targeted by federal civil asset forfeiture programs
were never even charged with a crime.” Since the process is governed under
civil, but not criminal rules, the government releases itself from the
liability of the court system. Consequently, individuals who seek to obtain
their property from the State are left in a tangling web of confusing civil
regulations that require the assistance of a lawyer. Then, they must go through
an expensive legal process that encourages the requester to quickly abandon the
process. Today, the process is frequently abused and not employed against criminals
as originally intended, but on innocent small business owners and individuals.
Nevertheless, Senator Rand Paul has introduced a bill called
the Fifth Amendment
Integrity Restoration (FAIR) Act that doesn’t abolish forfeiture entirely
and leaves the burden of proof to the same “beyond a reasonable doubt”. Despite
these negative characteristics, the legislation would prevent law enforcement
from profiting off of these practices.
Nonetheless, this solution is not enough. The ability of
government to seize property for “public use” must be abolished as it allows these
liberty violating schemes to progress and encourage hostility and
aggressiveness among police agencies against the people.