National Police Misconduct Reporting Project

The Civil Forfeiture Racket

From Reason.com:

Jerrie Brathwaite was not in her car when Washington, D.C. police seized it in January 2012. She had lent her 2000 Nissan Maxima to a friend, and that friend was pulled over, searched, and found to be in possession of drugs. A year later, Braithwaite—who has never been charged with a crime—still doesn’t have her car back, and no one from the Metropolitan Police Department (MPD) will return her calls. …

In theory, the government uses asset forfeiture to strip criminal enterprises of resources and “toys”—the cars, planes, boats, and homes that make the illicit life look glamorous. But a glance at the legal notices the department publishes periodically in The Washington Times reveals the city is hardly targeting kingpins. A notice from last September lists these cars: a 1985 Chevrolet, a 1994 BMW, a 1999 Lincoln, a 1994 Lexus, a 1991 Honda, and a 2001 Chevrolet. Most seizures are of cash—generally less than $100 and as little as $7—taken from thousands of people each year.

“Many of these clients don’t have money, don’t have assets, some are innocent,” says criminal defense lawyer Henry Escoto, who is pursuing a class-action lawsuit against the city. “Many times just because police arrest somebody for possession of a controlled substance doesn’t necessarily mean that the money they have on them came from illegal proceeds. It could be many of these guys have jobs and get caught with rent money or their paycheck. That’s pretty significant.”

By law, the MPD must notify property owners of their constitutional right to challenge a forfeiture, but it recently emerged in court that up to 2,000 of the 3,000 property owners who had property seized in 2009 may not have received notice.

H/T: Instapundit.   For additional background, go here.

The Cash Machine: Philadelphia’s Forfeiture System

From the Philadelphia City Paper:

The size of Philly’s forfeiture program isn’t just unprecedented within Pennsylvania. In 2010, for example, Kings County (Brooklyn), with a population 1.5 times that of Philadelphia, reported taking by forfeiture about $1.2 million in assets — less than one-fifth of what Philly took. Los Angeles County, with a population more than six-and-a-half times Philadelphia’s, also successfully sued to keep just $1.2 million in seized assets.

Those numbers aren’t direct comparisons: They don’t include sums collected via a federal “equitable sharing” program in which forfeitures are outsourced to federal agencies, with local law enforcement keeping most of the proceeds. But these programs also contain certain safeguards not present in Philly: Namely, federal guidelines stipulate a minimum amount for seizure of $2,000.

Philadelphia’s civil forfeiture unit, by contrast, amasses its impressive annual take by itself pursuing thousands of vastly smaller cases — and many, many more of them.

In 2010, for example, Los Angeles County’s 48 successful forfeiture cases raised about $25,000 per case. In the same year, the Philadelphia District Attorney filed more than 8,000 forfeiture cases for currency alone, for an average of just $550. In a sample of more than 100 cases from 2011 and 2012 reviewed by City Paper, the median amount was only $178. In many of these cases, the Philadelphia District Attorney sued to seize amounts less than $100.

The Philadelphia District Attorney’s Office, in other words, isn’t just one of the most lucrative municipal  forfeiture units around; it also might be the pettiest.

Read the whole thing.

For additional background, go here.