Advocates of civil asset forfeiture reform, stymied in recent years at the federal level, continue to make steady progress in the states. Alas, a loophole in current law threatens to undermine these victories by letting state and local law enforcement effectively bypass state law when they team up with federal agencies.

Civil asset forfeiture is the practice of allowing government agencies to seize title to property allegedly used in connection with a crime. Longstanding precedent allows such seizures even where the government doesn’t make an arrest, bring charges, or obtain a conviction.