Civil Asset Forfeiture / by kevin murray

For many of us, it is a struggle to accumulate assets and those material assets that we do obtain; we have a strong interest in maintaining and continuing our ownership of them.  Consequently, it would not be fair to us, that under current civil laws, that those very assets, such as vehicles, money, real estate, and equipment, can be confiscated so readily by the police or federal policing agencies for virtually no reason at all, but simply a hint of a suspicion, in which our ability to retrieve said items is problematic.  The seizure of our civil assets is ostensibly done under the guise of these assets having being used in criminal activity or alleged to be proceeds from criminal activity, but because these are civil and not criminal charges the burden of proof, switches from the state having to prove their case beyond a reasonable doubt, to you having to prove that your assets have been legally obtained.  While there may be a justifiable ideal behind civil asset forfeiture in which the State has the position that they should be able to seize material assets which have been created or obtained through illicit means, this leads quickly down a slippery slope, especially when those very assets often end up in the hands of police forces or applied to their budgets directly.  This gives police and their adherents a perverse incentive to seize assets from people that they perceive to be unable or ineligible to fight back effectively.

 

To make matters worse, police forces appear to take a certain pleasure in bragging about how they seized a certain vehicle or equipment from their civil asset forfeiture actions, which they are now utilizing on behalf of their constituency, as if this is the epitome of great police work.  In fact, civil asset forfeiture is more akin to a legal form of "bullying" in which the police take it upon themselves to determine who or what to target and then to try to maximize the benefits that they can reap from their subsequent seizures. 

 

It doesn't take a genius to recognize that if you allow the police or any governing agency to reap the benefits of their takings, directly, that those seizures will increase to fulfill those desires, but none of that has much to do with justice, protection, or service to the community.  Civil asset forfeiture is very bad law and isn't necessary to begin with.  The path to take assets from private citizens should never be an easy path, and it should definitely be a path that is carefully cultivated with evidence that is truly substantiated fairly in a court of law. 

 

Civil asset forfeiture is yet another example of government overreach, government and police intrusion, and government incentives being turned upside-down.   The police and prosecution agents should instead of selectively and prejudicially targeting individuals that aren't part of the status quo for various reasons, be far better off understanding the necessary value and recognition that good legal law needs to be equally applied to everyone without prejudice.