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Domestic Policy Essay

Dhwanit V. Sheth

Colorado Early Colleges Parker

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Abstract

The Civil Asset Forfeiture is the law in which the police have the right to keep large sums of

cash or property suspected of either being used to commit crimes or obtained through criminal

means. The jury concludes Civil Asset Forfeiture law, and do not usually require proof of the

property owner/owners.
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Essay

Civil Asset Forfeiture is the act in which the law enforcement can seize property or

money that is believed to be gained illegally like illegal imports or drug dealing. The

Comprehensive Crime Control Act was passed in 1984 and changed the whole idea of Civil

Asset Forfeiture. This act allowed law enforcement to profit from taking items from criminals.

On different terms, it gave law enforcement up to 80% of the profits made from seizures. Over

time asset forfeiture has changed, with some reforms being made, however the police still like to

take advantage of this law. Although civil asset forfeiture helps law enforcement fund the police

and helps deter criminals from keeping up their criminal acts, this law gives the eternal power to

the police, and it should be changed.

Police are abusing civil asset forfeiture and are hurting innocent people. One recent case

shows this. In 2012 a family’s house was seized from them after their son, Leon Jr., was

allegedly caught selling marijuana from their front porch without their knowledge. Leon had sold

20-dollars’ worth marijuana to an undercover police officer multiple time. The police had used a

whole SWAT force to break-down the front door of the couple’s house along with doing other

damages. While their son was in jail, awaiting to meet his trial, Leon and Mary Adams were

informed that their house would also we had taken under the laws of Civil Forfeiture Laws.
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While the largest fine under Philadelphia law is $10,000 First Degree-Misdemeanor,

according to DYQDJ and average home in Philadelphia was worth 180,000 dollars (as shown in

the picture below) , which

means the seized house is

about 180x as much as

that, which is

unconstitutional under the

8th amendment which is

“Excessive bail shall not

be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” (Cornell

Law School) . This an exceptionally good example about the essay, as it shows that the civil asset

forfeiture is an issue. Not only breaking the Bill of Rights as well as going against Pennsylvania

law the police took a tremendous amount of money from them.

To fix asset forfeiture a new policy needs to be ratified. When police are called into court

for any case the police need to bring more proof to show what and why they are seizing the

property, and how does the property help them with the case. There also needs to be a rule that if

you seize something and them gather all our evidence you should give the property back to its

owner (if they rightfully bought it). These two things are particularly important to see changes in

civil asset forfeiture. If the congress passes this, then the few unlawful police forces will have

much a harder time getting through. Along with that, the 8th amendment will be used like it was

always meant to be used.

Since we have policies to fix this, we need to see which government will deal with it. The

legislative branch will obviously make the law since the president decides if it is a law, but they
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should not have full control over it. The judicial branch may be a good fit since they change the

meaning of laws and settle disputes over the meaning of laws, but if a good law that does not

need interpretation is already in place, then there is no need for the judicial branch. The only

branch that could deal with this policy is the executive branch because, one of the main things

that the branch does is enforce laws.

Overall, civil asset forfeiture law, need to be more restricted. With little to no evidence

the police should not be allowed to take properties from someone, by breaking the 8th

amendment. There needs to be different law to change this, to something where the police need

all proof to show.

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References

“What Is Civil Asset Forfeiture?” Findlaw, 27 Feb. 2019, www.findlaw.com/criminal/criminal-

rights/what-is-civil-asset-forfeiture.html.

FindLaw. “Police Search and Seizure Limitations.” Findlaw, 3 Apr. 2019,

www.findlaw.com/criminal/criminal-rights/searches-and-seizures-the-limitations-of-the-

police.html.

Pk. “Historical US Home Prices: Monthly Median Value from 1953–2022.” DQYDJ – Don’t

Quit Your Day Job..., 23 Apr. 2022, dqydj.com/historical-home-prices.

Las Lemieux, Scott. “Police Abused Civil Forfeiture Laws for so Long That the Supreme Court
Stepped in. but One Ruling Won't End It.” NBCNews.com, NBCUniversal News Group, 21
Feb. 2019, https://www.nbcnews.com/think/opinion/police-abused-civil-forfeiture-laws-so-
long-supreme-court-stepped-ncna974086.

“Eighth Amendment.” LII / Legal Information Institute,

www.law.cornell.edu/constitution/eighth_amendment. Accessed 28 Apr. 2022.