Feds using forfeiture to their advantage

[Co-authored with Trevor Burrus)

The Justice Department recently announced that it is resuming the “equitable sharing” part of its civil asset forfeiture program, thus ending one of the major criminal justice reform victories of the Obama administration.

Civil asset forfeiture is a legal tool by which police officers can seize and sell private property without a convicting the owner of any crime, and equitable sharing is a process by which state and local police can circumvent state restrictions on civil asset forfeiture and take property under the color of federal law.

It may sound like a scene from a dystopian novel, but under civil asset forfeiture, a police officer can pull you over, claim he smells marijuana, and then take all the cash you have — and maybe even your car, too. Getting your property back requires going through lengthy court procedures to prove that the property is “innocent.”

Back in December, after Congress enacted reductions to the Justice Department’s civil asset forfeiture fund by $1.2 billion, the Justice Department announced that the program was being deferred until further notice.

Read the rest on The Detroit News, here.