You don’t have to be convicted of a crime for law enforcement to take your money or property. You don’t even need to be charged with one.
The procedure is known as civil asset forfeiture, which allows authorities to take cash and property that they can demonstrate was used in criminal activity or illicit profits. The latest example in Mobile County occurred April 26 on Interstate 10 in Grand Bay when deputies pulled over an 18-wheeler and seized hundreds of thousands of dollars – despite making no arrests.
A search did not turn up any drugs, but a K-9 dog did alert on cash inside the truck – $323,000. The Sheriff’s Office seized it as suspected drug money. Now, it is on the driver to make a claim to try to get the money back. Both federal and state law enforcement agencies routinely seize money and cash unconnected to criminal charges. FOX10 News recentlyin which Mobile police seized a vehicle – and already had sold it by the time a judge dismissed criminal charges against the driver. The civil case is set for a hearing soon in Mobile County Circuit Court.
“We have a very high burden to meet, especially when it comes to money in narcotics cases,” he said. “And so we have to directly tie every bit of money to a narcotics operation before we’re able to forfeit that. At the federal level, it’s much less burdensome and they are able to be more aggressive in those cases.”
Burch said money from federal forfeiture cases can be used for training and some types of equipment, but not personnel costs. Critics argue that gives law enforcement agencies a powerful incentive to make seizures.
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