Government seizure of property suspected of involvement in crime without requiring criminal charges
Civil asset forfeiture is a legal process that allows law enforcement agencies to seize property — cash, vehicles, real estate, and other assets — suspected of being connected to criminal activity, without charging the owner with any crime. The property itself is the defendant in the case (leading to surreal case names like "United States v. $124,700 in U.S. Currency"), and the owner bears the burden of proving their property is "innocent."
The practice was expanded during the War on Drugs and has become a significant revenue source for law enforcement agencies. The Institute for Justice reported that between 2000 and 2019, federal forfeiture revenues totaled more than $36 billion. State and local agencies seized additional billions. The profit motive is explicit — many departments depend on forfeiture revenue to fund operations, equipment, and personnel, creating a direct financial incentive to seize property.
Civil asset forfeiture has been documented disproportionately affecting low-income individuals and communities of color. An investigation by The Washington Post found that police seized $2.5 billion in cash from motorists without search warrants or indictments between 2001 and 2014, with a pattern of targeting minorities on major highways. Challenging a seizure often costs more in legal fees than the value of the seized property, meaning most people simply forfeit their assets rather than fight.
