Downsize DC Urges Action Against Asset Forfeiture

WASHINGTON, D.C. -- Downsize D.C. has championed a number of citizen advocacy campaigns over the years. The highly publicized Read the Bills campaign is one among many this aggressive D.C.-based organization has pushed.

Another strong campaign is to end the government practice of asset forfeiture.
Civil asset forfeiture is government seizure of property or cash owned by individuals not charged with any crime. Law enforcement agents can seize a piece of property if they merely suspect it was used in a crime, whereas its owner must prove innocence to get it back. This is an inversion of justice and a gross violation of the Bill of Rights.

Downsize staffers warn against believing the federal courts will provide justice, there are existing cases that would show otherwise.

• An Ohio man who kept a small amount of medical marijuana and who also kept his life savings in his own home saw the money taken by the FBI – even though he was never charged with marijuana possession.
• Individuals who consent to police searches can lose money kept in their vehicles – even where there is no trace of illegal drugs or suspicion of illegal activity.

More examples are listed in the Downsize D.C. campaign article online.

Unfortunately, federal courts have used twisted logic to uphold civil asset forfeitures. They have contended that since the property itself is condemned, and not its owner, norms like “innocent until proven guilty” do not apply. But if the government can seize your life savings, or your house, or the car you need to get to work, the effective punishment can be as bad or worse than the penalties imposed upon conviction of a crime – yet the owner of the seized property possesses no due process rights.

Downsize encourages some action against this unconstitutional practice. Because the courts will not act to end civil asset forfeitures, Congress must. A “compromise” asset forfeiture bill will only lead to more abuses and outrages. Civil asset forfeiture must be abolished.

Tell Congress to . . .

• Require full Fourth, Fifth, Sixth, and Eighth Amendment protection for all federal proceedings against owners of personal property.
• Permit seizures of criminal profits only upon criminal conviction of its owner.
• Permit seizures of legally-owned property only if its owner is convicted of a crime, to pay for fines, court costs, or restitution.
• Withhold federal funds to all state and local law enforcement agencies that engage in civil asset forfeiture.
• Enforce the 14th Amendment's requirement that “no person shall be deprived of ... property, without due process of law” by allowing victims of state and local seizures to contest forfeitures in federal court.