Civil Forfeiture: Law Enforcement's 'Gold Mine' at the Expense of Civil Rights
David Walton
Dec 15, 2024
Civil forfeiture, a practice that allows law enforcement agencies to seize property without necessarily charging the owner with a crime, has been a contentious issue in the United States for years. This includes commonly owned assets like cars, cash, boats, and even houses. Critics argue that it undermines due process and disproportionately affects vulnerable communities. Despite claims that civil forfeiture helps fight crime, multiple studies suggest it may actually divert law enforcement resources from combating serious crimes while encouraging policing for profit.
One study, commissioned by the Institute for Justice and conducted by Dr. Brian Kelly, found no evidence that civil forfeiture helps reduce drug use or improve crime clearance rates. In fact, it showed that as forfeiture revenue increases, clearance rates (solved crime) for violent crimes tend to decrease. "These results add to a growing body of evidence suggesting that forfeiture's value in crime fighting is exaggerated and that police do use forfeiture to raise revenue," Kelly said in a press release. 1
Kelly also found that as local economic conditions worsen, forfeiture activity increases, suggesting that law enforcement agencies may be using it as a stop-gap revenue-generating tool. In fact, nearly 93% of civil forfeitures are settled administratively, meaning property owners often lose their assets without ever having their day in court.
Studies and news investigations 2, 3 have also consistently found that asset forfeiture is used disproportionately with low-income individuals who lack the resources to fight.
- The first study found that among four Texas counties (Reeves, Harris, Smith, and Webb Counties) that of 560 civil asset forfeiture cases, half of the cash seizures were for amounts less than $3,000, and 20 percent of the cases were not accompanied by criminal charges.
- Another investigation in South Carolina found that more than 55 percent of the cash forfeitures amounted to less than $1,000.
- The last investigation found that of more than 23,000 cash forfeiture cases that took place in the Chicago metro area between 2012 and 2017, that the median cash value was only $1,049; and nearly 1,500 involved amounts under $100.
Law Enforcement Admits Civil Forfeiture is a Gold Mine
Law enforcement agencies have been increasingly transparent about the financial benefits of civil forfeiture, with some officials openly referring to it as a "gold mine." This term, used by a city attorney in Las Cruces, New Mexico, during a 2014 seminar, illustrates how law enforcement views property seizures not as a necessary tool for fighting crime, but as a lucrative revenue source. 4 The attorney remarked that civil forfeiture could allow departments to "set up wish lists and go shopping," highlighting the perverse incentives that drive law enforcement agencies to prioritize financial gain over the protection of citizens' rights. This profit-driven approach has led to growing concerns about the abuse of power and exploitation, as individuals and families are often financially ruined after losing their property without ever being convicted of a crime.
Attorney Shield: A Solution for Protecting Your Property and Rights
In this climate of unpredictable and often unjust civil forfeiture practices, the need for personal protection has never been more crucial. Attorney Shield offers an innovative solution to minimize the chances of falling victim to unjust seizures and protect your constitutional rights.
With Attorney Shield's mobile app, users can instantly access legal support during police stops and other law enforcement encounters. By recording interactions with law enforcement and having a legal expert available at the moment, users can help ensure that their rights are protected, reducing the risk of wrongful seizures or unfair asset forfeiture. ~
1 Reason - Asset Forfeiture Funding Has Little Impact on Solving Crimes, Says New Study
2 Texas Tribune - Texas police can seize money and property with little transparency. So we got the data ourselves.
3 Greenville Online - TAKEN: How police departments make millions by seizing property
4 The Hill - A new study exposes the lie that civil forfeiture fights crime
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3 comments
OTIS wHITE / Jun 25, 2025 at 08:45
I agree! They should be held to the same or better standing in the law as the people they serve. We all must let our voices be heard about this article. Forking over your or people assets without a crime or the duo process in a court of law, Is theft by assumption, which is what criminal use when their taking you assess also.
Danny Phillips / Jun 24, 2025 at 18:59
Civil asset forfeiture should be illegal especially when no charges are filed. The Police are out of control and have too much power. We need to redo their training and do better personnel background checks to get rid of these EGO driven thugs.
John Albaneze / Jun 24, 2025 at 01:53
Thank you, Jean-Paul also informed us about psycho Ryder and what he did in Nassau NY, appalling that our right are ignored by people we hire who don’t know the basics about The Law of the Land, our Constitution, yet can make up their own policies and hold them above our rights they took an oath to protect, but that oath is voided by their total designed ignorance of them ….
I think auditors should visit police academies after studying their curriculums and ask questions of the cadets leaving and video them training out in the field…
Please pass that to Lack Luster and Jean-Paul maybe we can have a convergence of auditors on the academies asking why cadets are let loose on the streets and allowed to take an oath to the Federal and State Constitutions without knowing what they are taking an oath to them let loose on unsuspecting citizens who get abused by people they hire to serve them and give them the benefit of any doubt before violating our rights…. Isn’t that in the 8th,9 thor 10th amendment where they are suppose to interpret our rights in our favor especially if there is no injury…..
And shouldn’t cops ignore and expose any ticket or arrest quotas since they were, I believe shown to be unconstitutional and illegal, shouldn’t they be exposing and arresting their supervisors for doing that ???