Asset forfeiture is the process by which law enforcement agencies can take possession of property suspected of being tied to illegal activity. Under these laws, the property itself is presumed to be guilty of criminal activity. Once the property has been seized, it’s up to the owner to prove he obtained the property legitimately.
In about 80 percent of civil asset forfeiture cases, the property owner is never charged with a crime. And in Illinois — like many states — the law enforcement agency that makes the seizure gets to keep the cash or the proceeds of the forfeiture auction (in Illinois, the prosecutor’s office gets 10-12 percent).
Critics say civil asset forfeiture is rife with poor incentives, and violates the Fifth Amendment’s protection against seizure of property without due process of law. Police can seize a car, cash, even a home on the flimsiest of evidence.
Madison County, Ill., where Huff was pulled over, is bisected by I-70 just outside of St. Louis. Interstates are a particularly rich ground for forfeiture. Law enforcement officials say that’s because interstates are ideal for drug running.
Critics say it’s because police can target out-of-state drivers, who are more likely than local residents to accept a police officer’s baseless accusations and turn over their property, rather than refuse and face arrest, multiple returns to the state for court dates and thousands of dollars in legal expenses. Sometimes winning the property back can exceed the actual value of the property.
Faced with that choice, it isn’t difficult to see why innocent people would opt to hand over their cash and head home.
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