Just add this to the list of reasons to avoid Illinois. Alas, they are hardly the only place stopping folks for things they didn’t do in order to attempt to confiscate their cash and cars.
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.
Filed under: War on Drugs | Tagged: cops, drug laws, police | 95 Comments »