Sen. Rand Paul highlighted the potential for abuse in the common law enforcement practice of “civil asset forfeiture” in an op-ed for Breitbart, saying “The federal government has made it far too easy for government agencies to take and profit from the property of those who have not been convicted of a crime.”
Paul recounted the story of Iowa restaurant owner Carole Hinders, who lost nearly all her savings, $33,000, to civil asset forfeiture—the law by which police can seize property without suspecting or accusing anyone of a crime. In most cases, law enforcement gets to keep whatever they take.
Police must only claim to suspect that the property itself was somehow related to a crime, and its owners are then treated guilty until proven innocent.
Internal Revenue Service agents justified their seizure of Hinders’ money by saying that she had been depositing less than $10,000 at a time, which they considered suspicious activity.
The controversial practice has come under increasing scrutiny lately, with a recent Washington Post report revealing how law enforcement offices are using the money they seize under this law to line their own budgets, and finance things like fancy coffee-makers and banquets.
Paul’s “FAIR Act,” first introduced in July, proposes a federal law change that would require the government prove their case before they can seize property. Paul writes:
When I took office, I swore to uphold the Constitution and protect our Bill of Rights. This is why I have introduced the Fifth Amendment Integrity Restoration (FAIR) Act, which would protect the rights of citizens and restore the Fifth Amendment’s role in seizing property without due process of law.
Lawmakers around the country have begun to take more interest in civil asset forfeiture. One extremely conservative Virginia lawmaker is trying to outlaw the practice in his state.
