Philadelphia Earns Millions By Seizing Cash And Homes From People Never Charged With A Crime
In other words, thanks to civil forfeiture, the government punishes innocent people for the crimes other people might have committed. Sadly, the Sourovelis family is not alone. Doila Welch faces civil forfeiture of her home, which has been in her family for 17 years, because her estranged husband, unbeknownst to her, was dealing small amounts of marijuana. Norys Hernandez and her sister co-own a row house, but her sister is still barred from living there because Hernandez’s nephew was arrested for selling drugs outside her row house. Welch and Hernandez have not been charged with any crime and both have joined Sourovelis as named plaintiffs in IJ’s class action against the Philadelphia forfeiture machine.
Philadelphia law enforcement has transformed a once obscure legal process into a racket that treats Americans as little more than ATMs. Every year, the city collects almost $6 million in revenue from forfeiture. According to data collected by the Institute for Justice, between 2002 and 2012, the Philadelphia District Attorney’s Office seized and forfeited over 3,000 vehicles, nearly 1,200 homes and other real estate properties and $44 million in cash. Altogether, Philadelphia has generated a staggering $64 million in forfeiture proceeds, which equals one-fifth of the DA Office’s entire budget. Forty percent of those funds—$25 million—pay law enforcement salaries, including the salaries for the prosecutors who have used civil forfeiture against families like the Sourovelises.
Cops In Texas Seize Millions By 'Policing
for Profit'
Texas law enforcement are continuing to enrich themselves using a little-known legal doctrine known as civil forfeiture, according to a new series of investigative reports. Under civil forfeiture, property can be forfeited even if its owner has never been charged with a crime. In these proceedings, accused criminals have more rights than innocent owners and the government sues the property, not its owner. These cases can be so baffling, one Texas Supreme Court Justice recently compared civil forfeiture to Alice in Wonderland and the works of Franz Kafka. But civil forfeiture isn’t just a quirky curiosity—it’s a powerful incentive for law enforcement to take millions.
Taken
Under civil forfeiture, Americans who haven’t been charged with wrongdoing can be stripped of their cash, cars, and even homes. Is that all we’re losing?
In a big win for property rights and due process, Minnesota Gov. Mark Dayton signed a bill yesterday to curb an abusive—and little known—police practice called civil forfeiture. Unlike criminal forfeiture, under civil forfeiture someone does not have to be convicted of a crime, or even charged with one, to permanently lose his or her cash, car or home.
DYI
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