The current issue of the New Yorker looks at civil asset forfeiture laws around the USA.
Here is an excerpt:
Over the past year, I spoke with more than a hundred police officers, defense attorneys, prosecutors, judges, and forfeiture plaintiffs from across the country. Many expressed concern that state laws designed to go after high-flying crime lords are routinely targeting the workaday homes, cars, cash savings, and other belongings of innocent people who are never charged with a crime….
In West Philadelphia last August, an elderly couple named Mary and Leon Adams were finishing breakfast when several vans filled with heavily armed police pulled up to their red brick home. An officer announced, “We’ll give you ten minutes to get your things and vacate the property.” The men surrounding their home had been authorized to enter, seize, and seal the premises, without any prior notice.
“I was almost numb,” Mary Adams, a sixty-eight-year-old grandmother with warm brown eyes and wavy russet hair, recalled. When I visited her this spring, she sat beside her seventy-year-old husband, who was being treated for pancreatic cancer, and was slumped with exhaustion….
Around 5 p.m. on July 19th, Leon, Sr., was in his bedroom recovering from surgery when he was startled by a loud noise. “I thought the house was blowing up,” he recalls. The police “had some sort of big, long club and four guys hit the door with it, and knocked the whole door right down.” swat-team officers in riot gear were raiding his home. One of the officers placed Leon, Jr., in handcuffs and said, “Apologize to your father for what you’ve done.” Leon, Jr., was taken off to jail, where he remains, awaiting trial.
The police returned about a month after the raid. Owing to the allegations against Leon, Jr., the state was now seeking to take the Adamses’ home and to sell it at a biannual city auction, with the proceeds split between the district attorney’s office and the police department. All of this could occur even if Leon, Jr., was acquitted in criminal court; in fact, the process could be completed even before he stood trial.
Read the whole thing.
For related Cato Institute work, go here, here, and here.