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Asset Forfeiture in California the Unfair Practice of Property Seizure.

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Each year, thousands of citizens have property and funds seized by the government under existing laws and statutes pertaining to Asset Forfeiture in California.

The program was initiated during the ‘’War on Drugs’’, with the purpose of making drug operations effectively inoperable, and using confiscated drug money to fund anti-drug activities.

Although this may sound productive and just in theory, many citizens lose their money, property, and even their lives, in cases where charges are never filed.

This system needs drastic reforming. We cannot allow a law designed to protect the people to be used as a system of robbery and persecution of the innocent.

The government of the United States has always had the right to seize personal property, a law that followed the separatists from England.

Commonly called ‘’eminent domain”, the idea has led to converting factories in wartime, buying up private property for railroad and highway construction, and other similar takings.

Though limited by the Fifth Amendment to ‘public use’ and with the requirement of ‘’just compensation’’, there have been many interpretations as to when and how these restrictions apply.

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Brief History of Asset Forfeiture

Civil asset forfeiture was first set into law in 1789, allowing ships to be confiscated for customs violations.

During Regan’s War on Drugs, forfeiture became increasingly popular as a means of crippling drug commerce and of funding skyrocketing operational costs of anti-drug activities.

Currently, asset forfeiture in California makes up a large portion of many police departments’ income, effectively making California police dependent upon seizing private property to cover operational costs.

The most common misconception in this issue is that asset forfeiture only affects criminals, or at the very least those accused of crimes.

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A Growing Threat

Each year, however, hundreds of citizens against whom no charges are ever filed find themselves being robbed by the government.

The fact is that the majority of citizens facing forfeiture never face criminal charges, yet have no way of regaining their assets.

A general trend of increase in cases of asset forfeiture in California has reached staggering levels, with 4,759 new cases regarding $35,118,728 of private property in 2007 alone.

These numbers, though shocking, only tell a part of the truth, as they do not contain seizures carried out in violations of federal law, even if conducted by California authorities.

Though beneficial in appearance, forfeiture laws are poorly written and allow much room for abuse and corruption.

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Reforms are Necessary

According to laws regarding asset forfeiture in California, 65% of monies and property seized in these operations go directly to the local agencies that perform them.

Channeling the money through federal agencies can result in an 80% return.

In a strange twist of legality, these cases charge the money or the property, and not the person, with a crime.

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