Cecily Zamora
Civil forfeiture laws allow law enforcement to confiscate cash or property if they suspect it is connected to illegal activity or obtained from illicit activities. This can be done without a formal charge or arrest, and even if the owner is not convicted of a crime. While civil forfeiture laws were initially intended to combat organized crime and drug trafficking, they have been criticized for potential abuse, lack of due process, and the financial incentive for police departments to seize assets. Critics argue that civil forfeiture allows law enforcement to 'police for profit,' as the proceeds from seizures can return to police departments. In recent years, there has been explosive growth in civil asset forfeiture, with $29 billion worth of assets seized by law enforcement across the US in the last 14 years. This has led to calls for police-procedure reform to ban abusive civil forfeiture practices and require actual criminal conviction before property can be seized.
| Characteristics | Values |
|---|---|
| Law enforcement officers can confiscate cash | When they have probable cause to suspect that the cash is connected to illegal activities, such as drug trafficking, money laundering, or other criminal enterprises |
| Cash is considered evidence | Money related to a crime is often used as evidence in a criminal case and will not be returned to its owner until the case is closed |
| Civil forfeiture laws | Allow law enforcement to confiscate property suspected of being linked to criminal activity, even if the owner is not charged with a crime |
| No formal charge or arrest is needed | Police can hold on to assets if they suspect they were acquired illegally |
| Customs declaration | Cash over a certain amount must be declared to customs, otherwise, it can be seized and a fine may be imposed |
| Forfeiture ruling | If the court rules in favor of the government, the cash will be permanently forfeited. Funds may be used to support law enforcement activities |
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What You'll Learn
Civil forfeiture laws
The use of civil forfeiture has increased substantially since the 1980s due to the War on Drugs, with law enforcement seizing billions of dollars' worth of assets in the US. Civil forfeiture is also a holdover from English law, with roots in British maritime law dating back several hundred years.
While proponents argue that civil forfeiture is an effective tool against criminal organizations and illegal drug trade, critics contend that it violates the constitutional rights of innocent citizens, particularly minorities, who may struggle to afford legal representation. As a result, some states have implemented reforms or banned the practice altogether unless the owner has been convicted of a crime.
To avoid issues, it is recommended that individuals do not carry large amounts of cash in their vehicles and instead opt for other forms of payment, such as certified checks.
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Probable cause
In the United States, law enforcement officers can confiscate cash under state or federal "forfeiture" laws. Civil forfeiture laws allow police to seize money or other property if they suspect it is associated with illegal activity, such as drug trafficking, money laundering, or organized crime. This can occur during traffic stops, at a person's home during a search, or at airports.
For the seizure to be legal, the police must have probable cause to believe that the cash is connected to illegal activity. Probable cause is a reasonable basis for believing that a crime may have been committed, which is a lower standard than the evidence required for a conviction. Even if an officer lacks probable cause to arrest someone, they can still seize their property. For example, if an officer pulls someone over for speeding and sees drugs in the car, they would likely have probable cause to search the car for drugs. If they find a roll of cash during the search, they could confiscate it as possible evidence of drug trafficking.
Critics argue that civil forfeiture has become a source of revenue for the government, generating billions of dollars, and that it disproportionately hurts minorities and those with fewer assets. There have been calls for reform, with some states, such as New Mexico, banning civil forfeiture and requiring a criminal conviction before property can be seized.
To avoid having cash confiscated, it is recommended not to carry large amounts of cash, especially in high-crime areas. If cash is seized, individuals have the right to be informed of the reason for the seizure, to receive a receipt for the items, and to challenge the seizure in court.
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Police search procedures
To ensure a legal seizure, police must have probable cause to believe that the cash or property is connected to criminal activity. Probable cause is a reasonable basis for suspicion, which is a lower standard than the evidence required for a conviction. However, some states, such as New Mexico, have banned civil asset forfeiture, requiring a criminal conviction before property can be seized.
During a police search, individuals have the right to remain silent and not answer questions about the presence of cash or other property. They can also deny consent to any searches, as officers need probable cause or permission to conduct a search without a warrant. If a search is conducted without probable cause, individuals can take legal action for violation of their civil rights and potentially recover their seized property.
While civil asset forfeiture was initially intended to combat drug kingpins and white-collar criminals, it has faced criticism for its abusive nature and financial incentives for law enforcement agencies. The practice has led to questionable police practices, with some officers seizing property even when no crime was proven or the owner maintained their innocence. This has particularly impacted people of color and those with limited assets, who may not have the resources to challenge the seizure in court.
To avoid issues with police searches and seizures, it is recommended not to carry large amounts of cash, especially during traffic stops. Declaring cash amounts over $10,000 when entering customs is also essential to prevent seizure and potential fines. Seeking legal assistance from money seizure lawyers or civil asset forfeiture attorneys can help individuals understand their rights and navigate the process of recovering their property.
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Criminal activity and evidence
Law enforcement officers can confiscate cash under state or federal "forfeiture" laws. Money booked as personal property after an arrest should be returned when the person is released, unless there is probable cause to believe the cash is connected to criminal activity. In such cases, the cash is often used as evidence in a criminal case and will not be returned to its owner until the case is concluded. For example, a roll of cash found in a car's glove compartment could be kept as evidence in a drug sales case.
Civil forfeiture laws allow law enforcement to keep property they suspect is connected to criminal activity, even if the owner is not charged with a crime. This has been criticized because many innocent people have had their property taken when they've done nothing wrong. The ACLU considers some civil forfeiture practices in the US to be civil liberty violations. Carrying large amounts of cash can make a person more susceptible to civil forfeiture, and it is recommended to use other forms of payment, such as a certified cashier's check, instead.
In some cases, a settlement may be reached, where a portion of the cash is returned, and the rest is forfeited. However, it can be very difficult to get property back, even if one is eventually found innocent of wrongdoing. This is especially true for those who cannot afford a good attorney. Civil forfeiture has been used to target people of color and those with few assets.
Civil forfeiture was initially intended to be a weapon against drug kingpins and other serious criminals, but it has become a source of revenue for law enforcement agencies, raising billions of dollars. This has led to questionable police practices and financial incentives for police to seize assets.
Some jurisdictions have implemented reforms to protect individuals from unjust seizures. For example, New Mexico has banned civil asset forfeiture, requiring a criminal conviction before property can be seized. Other states have similar laws in place, but civil forfeiture remains a controversial practice that has sparked public outrage.
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Getting your money back
Law enforcement officers can confiscate your cash under state or federal "forfeiture" laws. If the police reasonably suspect that your money or other property was earned through criminal activity, they can seize those assets without compensating the owner. This can occur even if no formal charge or arrest is made, and even if the property owner is innocent.
If your money has been confiscated by the police, there are a few steps you can take to try to get it back:
- Hire a lawyer: Consult a criminal defense lawyer, especially one with experience in asset forfeiture cases. They can guide you through the process of getting your money back and may be able to negotiate on your behalf.
- File a claim: In California, for example, you must file a claim (Form MC-200) within thirty days of your property being seized. A fee may be required for claims over a certain value. If no claim is filed, a prosecutor may declare the cash forfeited.
- Provide a receipt: You should be issued a receipt when your property is seized. This receipt should list the items and amount of cash taken. If no receipt is provided, you may need to make inquiries with the police department.
- Prove your innocence: If your money was confiscated as evidence of a crime, you may need to prove your innocence or that the money was not connected to the crime. This can be difficult, and you may need the help of a lawyer.
- Contact the police: If your money was held for safekeeping, you may be able to retrieve it by contacting the police department directly and providing proper identification and paperwork.
- File a motion: If the government does not release your money, you may need to file a motion to get a judge to order its return.
- Know your rights: Understand your rights under the law. For example, you are entitled to receive a receipt with correct and complete data, and you do not have to sign an inaccurate or incomplete receipt.
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Frequently asked questions
Law enforcement officers can confiscate cash under state or federal "forfeiture" laws. They only need probable cause to suspect that the cash is related to some type of crime. This can include money laundering, drug trafficking, or organized crime.
You should receive a notice informing you of the seizure and outlining your rights, including how to challenge the seizure and the deadlines for doing so. You may need to hire a lawyer to help you with this process.
It is recommended that you do not carry large amounts of cash with you in your vehicle. If you are travelling with a large amount of cash, it is better to get a certified cashier's check for the amount. You should also always declare any cash you are carrying into customs that is over $10,000.
