- Civil asset forfeiture is a procedure that allows the government to seize people's property without convicting them of a crime.
- Most people cannot afford to challenge this procedure in court.
- Since 9/11, police have seized $2.5 billion from people who were not charged with a crime.
- Your possessions have fewer protections under the law than you do.
- Police departments are often allowed to keep the money they seize.
- There are cases of money being seized without proper justification.
- Police departments have few limitations on how they can spend the seized funds.

- Civil forfeiture laws allow police departments to seize property and assets from individuals suspected of criminal activity.
- Some police departments have used forfeiture money to purchase items that seem unrelated to law enforcement, such as a Zamboni and a margarita machine.
- Philadelphia has seized over 1,000 houses, 3,300 vehicles, and $44 million in cash through civil forfeitures.
- Recourse for individuals who have had their property seized can be difficult, as the process often involves facing prosecutors from the DA's office rather than a judge.
- Many people choose to walk away rather than fight to get their seized property back.
- The need for reform in civil forfeiture laws is evident, and media representations of law enforcement should reflect the reality of the situation.

Did you know police can just take your stuff if they suspect it's involved in a crime? They can!
It’s a shady process called “civil asset forfeiture,” and it would make for a weird episode of Law and Order.
See?

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http://www.jrn.com/newschannel5/news/newschannel-5-investigates/policing-for-profit

They protect us, they serve us, and they provide us with an endless source of TV show one-liners.

know Serena Williams, but I know 1 thing.

Now, you laugh, but admit it, you want to watch the rest of that episode right now.

Now, look, public trust in the police is 1 of the most vital elements in a civilized society.

But for many Americans, that trust has been undermined by a procedure called civil forfeiture.

Now, I know it sounds like a Gwyneth Paltrow euphemism for divorce, but incredibly, it's actually even worse than that.

Civil asset forfeiture is really a mechanism by which the state and federal government can seize people's property without having to convict them of a crime.

Most people can't afford to hire a lawyer to challenge it.

It's really legalized robbery by law enforcement.

And think about it, that is a tough crime to report to the police.

Give me a description of what the guy looked like.

Well, to be honest, he looked a lot like the guy currently asking me what the guy looked like.

And if you think this sounds bad, just wait until you see how it looks.

Because the Washington Post recently published a major investigation featuring stories like that of this man, who was driving from Michigan to San Francisco with $2,400 in cash that his dad had lent him to start a new job when he was pulled over in Nevada.

I gave him my license and registration and then as he was looking at that information he asked me how much money I was traveling with.

Lee told him about the money his dad gave him, which he kept in the trunk.

He told me to turn on my air vents on high and roll up my windows and get out of the car because he was gonna run a canine around it.

Dove didn't find drugs, but he did find the $2,400.

He said, no, I'm gonna keep the money because I've concluded through my investigation here that you are traveling from Michigan to California to purchase drugs.

I mean, there is so much wrong there, including the fact that any policeman who genuinely believes you need to travel from Michigan to California to purchase drugs needs to be introduced to the concept of the University of Wisconsin-Madison.

And the problem is, stories like that are surprisingly common.

In fact, since 9-11, Under just 1 program, police have taken 2 and a half billion dollars in the course of over 61,000 seizures of cash alone from people who, and this is the mind-blowing part, were not charged with a crime.

That is the sort of police behavior that we laugh at other countries for, along with their accents and silly hats.

The way civil forfeiture generally works is that if the police believe they have a preponderance of the evidence that suggests your property was or could be used in a crime, they may confiscate it.

Many folks are unfamiliar with the idea of civil forfeiture, which is actually, a case brought against, directly against a piece of property, where you don't need to be proven guilty of a crime for your goods to be taken away.

You don't need to be charged with a crime, because it's not you that's on trial, it's your stuff.

That's why these cases have historically had eye-catching names, such as, and all of these are real, United States vs.

An article consisting of 50,000 cardboard boxes, more or less, each containing 1 pair of clacker balls, and United States versus approximately 64,695 pounds of shark fins, which must have been an amazing court case.

And do you see those shark fins in the room right now?

Let the record show the witnesses pointed at roughly 65,000 pounds of shark fins.

And it's also worth noting that your possessions generally have fewer protections under the law than you do.

Under civil forfeiture laws, your property is guilty until you prove it innocent.

At this point, I'm surprised objects don't have their own civil rights leader, like Martin Scooter King or Harvey carton of milk.

Now, to be fair, civil forfeiture laws have had some positive consequences.

They've crippled powerful drug traffic organizations, thwarted criminals, and returned billions of dollars to victims.

The problem is that many police departments are allowed to keep most or all of the money they seize.

And knowing that starts to make you wonder about the motivations of these kinds of questions.

Is there any large amounts of cash in the vehicle?

Are there any large sums of money over $5,000 in cash in the vehicle?

I'll take whatever cash you got in there, and, is that a Slurpee in the cup?

The question, do you have cash in the vehicle, is surprisingly common in traffic stops.

And the police are prepared to overcome any language barrier to ask it.

¿Tiene mucho, mucho dinero en su truque y trailer?

He just said, ¿Tiene mucho, mucho dinero in su truque y trailer?

Which sounds like an alien's first attempt to communicate with humans after crash landing in a taco bell.

In fact, in fact, Let's all just pause for

a moment to enjoy that sentence, because every single word of it is funny.

Mucho, 1 of the few words he knows in Spanish.

Now, this happened in Tennessee, a state where local law enforcement authorities are allowed to keep as much as 100 percent of the proceeds from civil forfeitures.

A local news investigation found multiple troubling cases of people having money seized, such as George Reby, who had $20,000 seized after he was stopped for speeding.

The police officer argued it was drug money, despite the fact that Reby had a pretty good explanation.

I told them I had active bids on eBay that I was trying to buy a vehicle and they just didn't want to hear it.

In fact, Reby had proof on his computer, but the Monterey officer drew up a damning affidavit citing his own training that common people do not carry this much U.S.

And Did he tell you that he was trying to buy a car?

But you did not include that in your report.

If it's not in there, I didn't put it in there.

I expect a better answer from a police officer than a four-year-old who just spilled grape juice on the couch.

And look, it's not always just a roadside stop.

In 2008, police raided the Contemporary Art Institute of Detroit during its funk night because it didn't have a liquor license, seizing 44 cars under the argument that simply driving vehicles to the location of an unlawful sale of alcohol was sufficient to seize a car.

Which means You may as well seize any car driven by any teenager on prom night, because they are all going to Chad's place.

We actually managed to get the security video of that Detroit raid, and you can see the police burst in and arrest people with the disco lights still swirling in the single funkiest shakedown in human history.

They each had to pay $900 to get their cars out of the impound, with the exception of the 1 person whose car was actually stolen from the lot to which it had been towed.

Which seems like the sort of thing the police should be investigating if they weren't too busy raiding art gallery funk nights.

And at this point, you may be thinking, well, sure, the police departments are getting a lot of money from seizing stuff, but I'm sure there are limitations on how they can spend it.

Well, allow me to take you to a 2012 Columbia, Missouri, Citizen Police Review Board hearing.

You know, it's, Actually, there's not really on the forfeiture staff.

Actually, there's basically no limitations at all, come to think of it.

I can't believe this hasn't come up before.

We just usually base it on something that would be nice to have.

That we can't get in the budget for instance.

So, you know, we try not to use it for things that we need to depend on, you know, because we need to go ahead and have those purchased.

But it's kind of like pennies from heaven, you know, it gets you a toy or something that you need, is the way we typically look at it.

Well, they should know, those pennies may not be falling from heaven so much as from the pockets of the people they're holding upside down and shaking.

And in terms of what kind of toys police departments buy, that really depends.

For instance, in Massachusetts, 1 DA's office used forfeiture money to buy their own Zamboni.

Even though, auditors noted, we could not determine where this machine was located or the law enforcement purpose it serves.

Although that last 1 is obvious, just think about it.

Because if you are robbing a bank, and the police pull up in a Zamboni, you're gonna give yourself up just out of sheer curiosity.

-♪ ♪ -♪ And in Texas, in Texas, 1 DA's office had an even more imaginative idea.

And I'll let a concerned citizen at a public hearing tell you all about it.

With or without a law degree, everyone here knows that purchases of kegs of beer, margarita machines, and bottles of Crown Royal for office parties, as was done in Montgomery County, don't qualify as expenses for official purposes.

In Texas, they bought a margarita machine.

They were literally using this money as their own personal slush fund.

look, Look, if the police need money for equipment, we should clearly be giving it to them.

And if they need money for margarita machines, they should be fucking paying for that themselves.

But these civil forfeiture laws have warped law enforcement priorities and perception, and nowhere is that more clear than Philadelphia.

Philadelphia officials over a ten-year period have seized more than 1,000 houses, about 3,300 vehicles, and $44 million in cash and civil forfeitures.

Usually when someone describes something taking 3,000 vehicles and 1,000 houses, they're talking about a fucking hurricane.

Now, 1 of those houses belongs to the Soravellis family, and the reason for that seizure seems a little harsh from the outside.

Police arrested their 22-year-old son, Yanni, on drug charges, $40 worth of heroin, and claim he was selling drugs out of the home.

Police and prosecutors came armed with a lawsuit against the house itself.

Exactly, because remember, the parents aren't on trial, the house is, which is clearly ridiculous.

The only drug-containing house that needs a lawsuit against it is this 1.

I'm a good house, I'm a good house ♪ -♪ I'm a good

house, I'm a good house ♪ And once their house was seized, The Soravellases got to experience the final problem with civil forfeiture.

Here in Philadelphia, if you have your property taken, you can come here to City Hall and go to courtroom 478 and try to get it back.

Problem is, the people that are taking the belongings are also the ones calling the shots inside the courtroom.

The Soravellases showed up to courtroom 478 ready to plead their case to a judge.

Instead, they say they faced a prosecutor from the DA's office.

Their first step in challenging the police seizing their property was in a courtroom without a judge hearing their case.

How can you even still call that a courtroom?

If you take all the doctors out of a hospital and replace them with otters, that's no longer a hospital.

It's better, it's much better, but it's not a hospital.

I don't know what, I love it, but it's not a hospital.

In fact, recourse is so difficult that most people who've lost stuff to civil forfeiture just choose to walk away rather than fight.

So at this point, it should seem obvious that the bads may be starting to outweigh the good with civil forfeiture laws.

We can take a hard look at reforming them, or, At the very least, we need to reform our network cop dramas to make them a lot more representative of what is actually happening.

Coming soon, Law & Order, civil asset forfeiture unit.

Get ready to go inside the thrilling world of civil forfeiture.

Coming this fall, a procedural about law enforcement's shadiest procedure.

You're doing it hanging out in somebody's glove box, huh?

These cops are determined, and they won't stop until they get everything.

I can't help you if you don't talk to me.

Detective Profaci, Civil Forfeiture Unit.

Brace yourself for heart-pounding takedowns.

The defendants are inanimate, but the drama is anything but.

There's a pile of silver dollars next door that says you did it.

Stay on the streets too long, and the city leaves a bad taste in your mouth.

I'm gonna crumple you up till you look like a cat's asshole.


Speaker 0: -♪ ♪ -♪ ♪ The police. They protect us, they serve us, and they provide us with an endless source of TV show one-liners.

Speaker 1: Rock, paper, scissors. Gun.

Speaker 2: Well, I

Speaker 1: know Serena Williams, but I know 1 thing. It's all in the wrist.

Speaker 2: Who'd want to cut your penis off?

Speaker 1: Take a number.

Speaker 0: -♪

Speaker 1: Take a

Speaker 0: number ♪ -Okay. Now, you laugh, but admit it, you want to watch the rest of that episode right now. Now, look, public trust in the police is 1 of the most vital elements in a civilized society. But for many Americans, that trust has been undermined by a procedure called civil forfeiture. Now, I know it sounds like a Gwyneth Paltrow euphemism for divorce, but incredibly, it's actually even worse than that.

Speaker 3: Civil asset forfeiture is really a mechanism by which the state and federal government can seize people's property without having to convict them of a crime. Most people can't afford to hire a lawyer to challenge it. It's really legalized robbery by law enforcement.

Speaker 0: And think about it, that is a tough crime to report to the police. Give me a description of what the guy looked like. Well, to be honest, he looked a lot like the guy currently asking me what the guy looked like. And if you think this sounds bad, just wait until you see how it looks. Because the Washington Post recently published a major investigation featuring stories like that of this man, who was driving from Michigan to San Francisco with $2,400 in cash that his dad had lent him to start a new job when he was pulled over in Nevada.

Speaker 4: I gave him my license and registration and then as he was looking at that information he asked me how much money I was traveling with.

Speaker 1: Lee told him about the money his dad gave him, which he kept in the trunk.

Speaker 4: He told me to turn on my air vents on high and roll up my windows and get out of the car because he was gonna run a canine around it.

Speaker 1: Dove didn't find drugs, but he did find the $2,400.

Speaker 4: He said, no, I'm gonna keep the money because I've concluded through my investigation here that you are traveling from Michigan to California to purchase drugs.

Speaker 0: Wow. I mean, there is so much wrong there, including the fact that any policeman who genuinely believes you need to travel from Michigan to California to purchase drugs needs to be introduced to the concept of the University of Wisconsin-Madison. Okay? It's right there. And the problem is, stories like that are surprisingly common.

In fact, since 9-11, Under just 1 program, police have taken 2 and a half billion dollars in the course of over 61,000 seizures of cash alone from people who, and this is the mind-blowing part, were not charged with a crime. That is the sort of police behavior that we laugh at other countries for, along with their accents and silly hats. The way civil forfeiture generally works is that if the police believe they have a preponderance of the evidence that suggests your property was or could be used in a crime, they may confiscate it. And it gets even weirder.

Speaker 2: Many folks are unfamiliar with the idea of civil forfeiture, which is actually, a case brought against, directly against a piece of property, where you don't need to be proven guilty of a crime for your goods to be taken away.

Speaker 0: Exactly. You don't need to be charged with a crime, because it's not you that's on trial, it's your stuff. That's why these cases have historically had eye-catching names, such as, and all of these are real, United States vs. $8,850 in US currency, United States vs. An article consisting of 50,000 cardboard boxes, more or less, each containing 1 pair of clacker balls, and United States versus approximately 64,695 pounds of shark fins, which must have been an amazing court case.

And do you see those shark fins in the room right now? Yes! There they are! There they are! Let the record show the witnesses pointed at roughly 65,000 pounds of shark fins.

Guilty, guilty. And it's also worth noting that your possessions generally have fewer protections under the law than you do.

Speaker 1: Under civil forfeiture laws, your property is guilty until you prove it innocent.

Speaker 5: How can that be possible?

Speaker 0: At this point, I'm surprised objects don't have their own civil rights leader, like Martin Scooter King or Harvey carton of milk. Now, to be fair, civil forfeiture laws have had some positive consequences. They've crippled powerful drug traffic organizations, thwarted criminals, and returned billions of dollars to victims. The problem is that many police departments are allowed to keep most or all of the money they seize. And knowing that starts to make you wonder about the motivations of these kinds of questions.

Speaker 1: Is there any large amounts of cash in the vehicle?

Speaker 6: Are there any large sums of money over $5,000 in cash in the vehicle?

Speaker 1: How much money you got? Any large amounts of U.S. Currency or not?

Speaker 0: I'll take whatever cash you got in there, and, is that a Slurpee in the cup? Hold it. What flavor? Grape? Never mind.

Do you know what? I will take it. I'll take it. The question, do you have cash in the vehicle, is surprisingly common in traffic stops. And the police are prepared to overcome any language barrier to ask it.

Speaker 7: ¿Tiene mucho, mucho dinero en su truque y trailer?

Speaker 0: -? -? Let's be clear. He just said, ¿Tiene mucho, mucho dinero in su truque y trailer? -?

Which sounds like an alien's first attempt to communicate with humans after crash landing in a taco bell.

Speaker 5: -$20,000. -$20,000. In fact, in fact, Let's all just pause for

Speaker 0: a moment to enjoy that sentence, because every single word of it is funny. First, Tenny, pronounced incorrectly. Mucho, 1 of the few words he knows in Spanish. Mucho, repeated word. De Niro, a famed actor.

In, a rapid shift to English. Sue, rapid shift back to Spanish. Truckie trailer.

Speaker 5: Truckie trailer. -♪ ♪ -Now, it's magnificent. That is magnificent. It's a work of art.

Speaker 0: Now, this happened in Tennessee, a state where local law enforcement authorities are allowed to keep as much as 100 percent of the proceeds from civil forfeitures. A local news investigation found multiple troubling cases of people having money seized, such as George Reby, who had $20,000 seized after he was stopped for speeding. The police officer argued it was drug money, despite the fact that Reby had a pretty good explanation.

Speaker 1: I told them I had active bids on eBay that I was trying to buy a vehicle and they just didn't want to hear it.

Speaker 8: In fact, Reby had proof on his computer, but the Monterey officer drew up a damning affidavit citing his own training that common people do not carry this much U.S. Currency.

Speaker 1: And Did he tell you that he was trying to buy a car?

Speaker 6: He did.

Speaker 1: But you did not include that in your report.

Speaker 0: ♪♪

Speaker 6: If it's not in there, I didn't put it in there.

Speaker 1: So why would you leave that out? ♪♪ I don't know. What do you

Speaker 0: mean you don't know? I expect a better answer from a police officer than a four-year-old who just spilled grape juice on the couch. What happened to your drink? I don't know. I don't know.

If it's not in my glass, it's not

Speaker 1: in my glass. I don't know. I don't know. If it's not in

Speaker 0: my glass, it's not in my glass. I don't know. I don't know. And look, it's not always just a roadside stop. In 2008, police raided the Contemporary Art Institute of Detroit during its funk night because it didn't have a liquor license, seizing 44 cars under the argument that simply driving vehicles to the location of an unlawful sale of alcohol was sufficient to seize a car.

Which means You may as well seize any car driven by any teenager on prom night, because they are all going to Chad's place. Chad's got the hookup. We actually managed to get the security video of that Detroit raid, and you can see the police burst in and arrest people with the disco lights still swirling in the single funkiest shakedown in human history. They each had to pay $900 to get their cars out of the impound, with the exception of the 1 person whose car was actually stolen from the lot to which it had been towed. Which seems like the sort of thing the police should be investigating if they weren't too busy raiding art gallery funk nights.

And at this point, you may be thinking, well, sure, the police departments are getting a lot of money from seizing stuff, but I'm sure there are limitations on how they can spend it. Well, allow me to take you to a 2012 Columbia, Missouri, Citizen Police Review Board hearing.

Speaker 1: How do you decide forfeiture funds? You know, It's usually based on a need. Well, I'll take that back. I'd imagine you sign off on... Yeah, it's...

There's some limitations on it. You know, it's, Actually, there's not really on the forfeiture staff.

Speaker 0: Actually, there's basically no limitations at all, come to think of it. There's, we're essentially gods. We're gods. We're like the anti-Spider-Man. Great power, no responsibility.

I can't believe this hasn't come up before. And look, his honesty was not over.

Speaker 1: We just usually base it on something that would be nice to have. That we can't get in the budget for instance. So, you know, we try not to use it for things that we need to depend on, you know, because we need to go ahead and have those purchased. But it's kind of like pennies from heaven, you know, it gets you a toy or something that you need, is the way we typically look at it.

Speaker 0: That's right. That's right. They buy toys with pennies from heaven. Well, they should know, those pennies may not be falling from heaven so much as from the pockets of the people they're holding upside down and shaking. And in terms of what kind of toys police departments buy, that really depends.

For instance, in Massachusetts, 1 DA's office used forfeiture money to buy their own Zamboni. Even though, auditors noted, we could not determine where this machine was located or the law enforcement purpose it serves. Although that last 1 is obvious, just think about it. Because if you are robbing a bank, and the police pull up in a Zamboni, you're gonna give yourself up just out of sheer curiosity. -♪ ♪ -♪ And in Texas, in Texas, 1 DA's office had an even more imaginative idea.

And I'll let a concerned citizen at a public hearing tell you all about it.

Speaker 6: With or without a law degree, everyone here knows that purchases of kegs of beer, margarita machines, and bottles of Crown Royal for office parties, as was done in Montgomery County, don't qualify as expenses for official purposes.

Speaker 0: That's true. In Texas, they bought a margarita machine. They were literally using this money as their own personal slush fund.

Speaker 5: -...they were literally... It's perfect. -... -...the analogy... It's perfect.

-...and

Speaker 0: look, Look, if the police need money for equipment, we should clearly be giving it to them. And if they need money for margarita machines, they should be fucking paying for that themselves. But these civil forfeiture laws have warped law enforcement priorities and perception, and nowhere is that more clear than Philadelphia.

Speaker 9: Philadelphia officials over a ten-year period have seized more than 1,000 houses, about 3,300 vehicles, and $44 million in cash and civil forfeitures.

Speaker 0: Holy shit. Usually when someone describes something taking 3,000 vehicles and 1,000 houses, they're talking about a fucking hurricane. Now, 1 of those houses belongs to the Soravellis family, and the reason for that seizure seems a little harsh from the outside.

Speaker 9: Police arrested their 22-year-old son, Yanni, on drug charges, $40 worth of heroin, and claim he was selling drugs out of the home. Police and prosecutors came armed with a lawsuit against the house itself.

Speaker 0: Exactly, because remember, the parents aren't on trial, the house is, which is clearly ridiculous. The only drug-containing house that needs a lawsuit against it is this 1. You're on the edge. You're on the edge, house.

Speaker 5: You're this close. You're this close to losing your job! But... You're good, damn it! You're good, house!

You're close, house! You're close! But you're good! But you're so close! But you're so good, house!

Speaker 0: -♪

Speaker 1: I'm a good house, I'm a good house ♪ -♪ I'm a good

Speaker 0: house, I'm a good house ♪ And once their house was seized, The Soravellases got to experience the final problem with civil forfeiture. Recourse can be incredibly difficult.

Speaker 9: Here in Philadelphia, if you have your property taken, you can come here to City Hall and go to courtroom 478 and try to get it back. Problem is, the people that are taking the belongings are also the ones calling the shots inside the courtroom. The Soravellases showed up to courtroom 478 ready to plead their case to a judge. Instead, they say they faced a prosecutor from the DA's office.

Speaker 0: That's right. Their first step in challenging the police seizing their property was in a courtroom without a judge hearing their case. How can you even still call that a courtroom? If you take all the doctors out of a hospital and replace them with otters, that's no longer a hospital. It's better, it's much better, but it's not a hospital.

I don't know what, I love it, but it's not a hospital. In fact, recourse is so difficult that most people who've lost stuff to civil forfeiture just choose to walk away rather than fight. So at this point, it should seem obvious that the bads may be starting to outweigh the good with civil forfeiture laws. So we've really got 2 choices. We can take a hard look at reforming them, or, At the very least, we need to reform our network cop dramas to make them a lot more representative of what is actually happening.

Speaker 7: Coming soon, Law & Order, civil asset forfeiture unit.

Speaker 0: -♪ ♪ -♪ ♪

Speaker 7: Get ready to go inside the thrilling world of civil forfeiture.

Speaker 5: Knock, knock! Freeze! Police! Hands on the ground! Get off the sofa!

Speaker 2: Keep him where we can see him.

Speaker 3: You're under arrest.

Speaker 0: What for? You guys got nothing on me!

Speaker 1: Not you. The sofa.

Speaker 7: Coming this fall, a procedural about law enforcement's shadiest procedure.

Speaker 1: Rough night, huh?

Speaker 7: Well, it's about to get a lot rougher.

Speaker 1: That's $2,500 in cash. You're doing it hanging out in somebody's glove box, huh?

Speaker 4: Answer me.

Speaker 7: These cops are determined, and they won't stop until they get everything. Every. Last. Thing. You're dirty, right?

Drug deal, guns, what is it?

Speaker 1: I can't help you if you don't talk to me. I'm gonna beat the shit out of you.

Speaker 5: Detective Profaci, Civil Forfeiture Unit.

Speaker 7: Brace yourself for heart-pounding takedowns.

Speaker 5: Is this the arrest? Send in backup. Send in backup.

Speaker 7: The defendants are inanimate, but the drama is anything but.

Speaker 5: Frisk him.

Speaker 1: There's a pile of silver dollars next door that says you did it. You will lose, and I will win. Stay on the streets too long, and the city leaves a bad taste in your mouth. Hey, I know what will get it out. I'm gonna crumple you up till you look like a cat's asshole.

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Civil Forfeiture: Last Week Tonight with John Oliver (HBO)