REPORT: DOJ reinstates asset forfeiture, allows police to seize property from people NOT charged with crime

by The Right Scoop

The DOJ has reinstated an asset forfeiture policy and according to CBS reporter Paula Reid, “police can seize property from people not charged w/crime even in states where it’s been banned.”

Here’s more:

CBS NEWS – The Justice Department announced their plans to reinstate the use of asset forfeiture, especially for drug suspects — making it easier for local law enforcement to seize cash and property from crime suspects and reap the proceeds.

The practice has been criticized because it allows law enforcement to take possessions — such as cars and money — without indictments or evidence a crime has been committed.

“Civil asset forfeiture is a key tool that helps law enforcement help defund organized crime, prevents new crime from committed and weakens the criminals and cartels,” Attorney General Jeff Sessions said on Wednesday announcing the revived DOJ policy.

Sessions said these seizures help weaken criminal organizations by taking away their funding, returning property back to victims of crime, as well as give funds back to law enforcement officials by allocating the assets toward new vehicles, vests and police training.

“Funds being used to take lives are now being used to save lives,” said Sessions.

CBS News’ Paula Reid reports that 24 states have passed laws limiting the practice, but local law enforcement can get around those restrictions by giving seized assets to the federal government instead of returning them to their owners. This practice is called “adoption” and it’s been used to seize almost $1 billion in assets over the last decade.

Sessions acknowledged criticism of the policy on Wednesday, saying that as the DOJ encourages civil forfeiture whenever appropriate, “we must protect the rights of law abiding people whose property is used without their consent.”

He noted that the federal government will not adopt seized property unless the state involved provides information demonstrating that the seizure was justified form the beginning with probable cause.

Sessions added that there will be enhanced training on asset forfeiture laws, noting that the depart will adopt smaller seizures of cash only if there exists some level of criminality.

This is generating a lot of response on Twitter, with much of it being negative. Here’s a few responses:

Even Darrell Issa has called it troubling:

UPDATE:

Mike Lee has posted a statement on it as well:

Sen. Mike Lee (R-UT) issued the following statement Wednesday regarding the Department of Justice’s new asset forfeiture policy:

“Back in May I encouraged the Department of Justice to review its policies on civil asset forfeiture in light of increasing indications from the Supreme Court that this practice is constitutionally suspect,” Sen. Lee said. “Instead of revising forfeiture practices in a manner to better protect Americans’ due process rights, the DOJ seems determined to lose in court before it changes its policies for the better.”?

On May 31, Senator Lee, along with Senators Paul, Crapo, Udall, Heinrich, and King wrote to the Department of Justice regarding civil asset forfeiture. The letter read, in part, that DOJ “need not wait for Supreme Court censure before reforming [civil asset forfeiture] practices” and encouraging DOJ “to revise its civil asset forfeiture practices to reflect our nation’s commitment to the rule of law and due process.”


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