Over the last four years, Contra Costa County (CA) has taken more than $1 million dollars worth of cash and property from people who were never charged with crimes according to the Mercury News . This is just legalized theft.
To her credit, Diana Becton, the District Attorney for Contra Costa County is considering re-writing the rules. She wants to make it more difficult for police to seize property unless charges are filed. However, it sounds like her proposal is $1.1 million too late.
Civil asset forfeiture is supposed to be used as a tool by law enforcement to make sure that crime doesn't pay. However, in too many places lack of crime is paying off for the police. The US Supreme Court recently ruled that civil asset forfeiture for convicted people is subject to the "cruel and unusual punishment" test. It remains to be seen how this ruling affects people who have never been charged with a crime.
The procedure in California is similar to that in many states. People who feel their property has been unjustly seized have the right to request a court hearing in order to get their property returned. That is completely backwards. The state should be required to prove in a hearing that they have the right to keep the property. If a person has never been charged with a crime, the ruling should be automatic. Give the seized property back.
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