Innocent people can lose cash and assets through civil forfeiture.
Did you know that if you are stopped by law enforcement officials, any private property they believe is involved with a criminal activity can be confiscated? This is true even if you are never convicted or even charged with a crime. It’s called civil forfeiture, and it happens to innocent people across the country every day. Of particular concern is the fact that in all but 8 states, states laws permit law enforcement to pocket 50 to 100 percent of the proceeds from civil forfeitures, creating a powerful incentive for officers of the law to seize cash and assets on any pretext.
Civil Forfeiture in California
In California, law enforcement only receives 65 percent of civil forfeitures, which is better than most states but still far from ideal. However, our state does offer a fairer process for the potential recovery of seized assets. In most states, the owner of the asset must prove they are innocent of the alleged criminal activity the asset was believed to be associated with. In California and in just 5 other states, the government always bears the responsibility for proving the individual’s guilt in a civil forfeiture proceeding.
However, due to high legal costs many individuals do not pursue their right to a civil forfeiture proceeding. Even in cases where the individual wins the case, they can end up holding the bag for legal bills.
For example, take the case of Robert Moser. Federal agents entered this Californian’s home without a warrant and seized $28,000. Because the agents did not have a warrant, did not obtain consent, and did not Mirandize Moser, the court found that an unlawful search and seizure had occurred. Moser won his civil forfeiture proceeding and got his $28,000 back. However, he only got $14,000 of the $50,775 in legal fees his attorneys requested, so he actually ended up losing even more money in the process.
Protect Yourself from Civil Forfeiture
Fortunately, there are a few things you can do to help protect yourself from civil forfeiture. While law enforcement may confiscate your assets anyway, you will at least have better grounds for fighting back in a civil forfeiture proceeding.
Never consent to a search. There is never any reason to consent to a warrantless search of your person, property, or vehicle. Do not give law enforcement permission to legally find assets in the first place.
Never sign a waiver to forfeit property. There have been cases of police misconduct where officers have gotten individuals to forfeit cash in exchange for not being arrested. Do not waive your rights in such a situation!
