Police Can Seize Money and Property Without Criminal Charges

The Department of Justice has recently sparked controversy with its new federal policy allowing local and state police to seize cash and property from individuals suspected of crimes, even without filing criminal charges. This practice, known as asset forfeiture, has faced widespread criticism for years, as it enables law enforcement to take possession of assets without a criminal conviction or indictment. The new policy, called adopted forfeiture, permits local police to bypass state laws and seize property under federal law, with proceeds shared with federal law enforcement.

This policy has led to millions of dollars being shared with the federal government each year and has been widely criticized for its potential for abuse. In 2015, former Attorney General Eric Holder banned state and local police from using federal laws for asset forfeiture without a warrant or criminal charges being filed. However, in the past decade, over 55,000 cash and property seizures have occurred, with an estimated worth of $3 billion shared with federal law enforcement agencies.

In defense of the new policy, Deputy Attorney General Rod Rosenstein acknowledged that mistakes may still occur, but stated that the policy will position the federal government to minimize cases of abuse. He also emphasized that the Justice Department will prioritize investigating suspected cases of law enforcement abuse, and that the policy aims to provide police with the power to fight crime, particularly drug abuse.

The new law brings several major changes, including stricter requirements for police to provide detailed information about cash seizures and probable cause, as well as faster decisions by the Justice Department on local seizures and quicker notifications to property owners of their rights. Additionally, it is now harder for police to seize amounts less than $10,000 without a warrant, arrest, possession of illegal items, or a confession to a crime, and the approval of a federal prosecutor is now required for such seizures.

The Department of Justice recently announced a controversial new federal policy that allows local and state police to seize cash and property from individuals who are suspected of crimes, even if criminal charges have not been filed. This practice, known as asset forfeiture, has been met with widespread criticism across the country for years. It allows state and local law enforcement to take possession of money and property without a criminal conviction or even an indictment in some cases.

The new policy targets what is called adopted forfeiture, which allows local police to bypass restrictive state laws to seize property under the new federal law. The proceeds from these seizures can then be shared with federal law enforcement agencies, resulting in millions of dollars per year being shared with the federal government.

Former Attorney General Eric Holder banned state and local police from using federal laws to take cash and property without a warrant or criminal charges being filed in 2015, under the Civil Asset Forfeiture Reform Act. However, in the past decade, there have been over 55,000 cash and property seizures by thousands of local police agencies, estimated to be worth $3 billion, which was then shared with federal law enforcement agencies.

In defense of the new policy, Deputy Attorney General Rod Rosenstein stated that the new policy will position the federal government in a way to ensure that there are few cases of legitimate abuse, and that the Justice Department would make it a high priority to follow up on any cases where law enforcement abuse is suspected. He also noted that there will be more safeguards in place to ensure that police do not overstep their authority.

The federal law now requires police to provide great detail about any cash seizure, and what the probable cause was for the seizure. The Justice Department also must decide faster whether to get involved in a local seizure, and must inform the party of their rights and status of their property within 45 days. Another major change is that it is harder for police to seize amounts less than $10,000 unless they have a warrant from a state judge, or have made an arrest related to the seizure, or have taken possession of illegal items such as drugs. Without at least one of these conditions, the police must have the approval of a federal prosecutor to seize the property.