Asset forfeiture is just theft
pluralistic.net
pluralistic.net
It's organized crime at the absolute highest level. Police behave similarly to mobsters in Scorsese films.
Administrative forfeiture actions do not end up in court, it's possible that you may not even realize that your property was seized or for what reason, or if you are aware, you may have been given instructions to challenge/claim the property that was essentially gibberish. You might try to reach the relevant agency, send in your claim/petition and hear nothing back. However, most insidiously, it was apparently not uncommon for the agency, after having determined that the owner of the property was innocent and the cash or property should be returned, nevertheless use waivers and other tactics to cause enough of a hassle so that they can negotiate a settlement for a portion of whatever was in question, usually cash. At this point, DHS already refers to the petitioner as "innocent owner". They just want a cut of money that they had no legal claim to anymore, and essentially purely through the fact that they are able to hold onto it and there's no meaningful judicial review of a great deal of administrative actions, you may have to pay a... bribe? Ransom? Either way, your property is held hostage until you pay up although the agency you are dealing with have already decided that you are innocent.
How the federal system of civil/admin forfeiture interplays with the state version is also quite interesting, because the federal equitable sharing program effectively acts as a backdoor to any state-level reform of the practice by not only funnelling money directly to police departments but also task forces or other similar ad hoc interagency entities that really don't have all of the characteristics of a formal police department. Last year the DOJ half of the operation divvied out $320 million to police departments and task forces, keeping the majority of the money they seized for themselves of course. All this really adds up to the simple notion that if you really want to get started with defunding the police, merely stopping them from being able to seek forfeiture in cases where no corresponding criminal charges can be brought with the evidence available. This simple act of stopping literal modern highwaymen would effectively cut $320 million into police budgets across the country. Unfortunately, permanent change requires congressional action so, no breaths were held in anticipation of actual substantive changes on the legal side.