We’ve created a new de facto criminal class (although they cant be charged) from among representatives of the state:
“Don’t even bother getting a lawyer. The money always stays here.”
That’s what the Tenaha Police Department told 27-year-old Arkansan James Morrow after they confiscated $3,900 from his car for “driving too close to the white line.” The police reported the “odor of burned marijuana,” though no drugs were found in the car. Morrow was carted off to jail, while the car was impounded.
Eventually Morrow was released with no money, vehicle, or phone. “I had to go to Wal-Mart and borrow someone’s phone to call my mama,” he told The New Yorker. “She had to take out a rental car to come pick me up.”
Law-enforcement agencies at all levels of government provide a valuable and often thankless public service in their communities. There are, however, systemic problems that must be addressed. Perhaps one of the most egregious examples is the abuse of civil asset forfeiture laws.
The Fifth Amendment makes it abundantly clear that “[n]o person shall… be deprived of life, liberty, or property, without due process of law.” But for far too long, some law-enforcement agencies have used the law for their own benefit, seizing property suspected of use in a crime often without ever charging or convicting the owner of any wrongdoing.