House Passes Bill Limiting Police Seizure of Assets

Police would have a tougher time seizing private property with suspected links to crime under a bill the House passed Thursday.

House members voted, 375 to 48, to set new rules for how the federal government seizes houses, cars, boats, cash and securities. Police have used civil asset forfeiture for such things as shutting down drug houses quickly by taking possession of them or hitting drug traffickers in the wallet even before charges are filed.

During an afternoon of debate, both Democrats and Republicans criticized current federal rules that allow law enforcement officers to seize property simply because they suspect it was involved in wrongdoing.

Civil asset forfeiture is a powerful anti-crime tool, but it also is a seductive opportunity for abuse, they said, especially for law enforcement agencies hungry for money to supplement tight budgets.

“In many jurisdictions, it has become a monetary tail wagging the law-enforcement dog,” Rep. Bob Barr (R-Ga.) said.

Too many innocent citizens have been deprived of the use of their cash or possessions without due process, said Rep. Henry J. Hyde (R-Ill.), chairman of the House Judiciary Committee.

A bill introduced by Hyde and the Judiciary Committee’s senior Democrat, Rep. John Conyers Jr. of Michigan, would require the federal government to prove with “clear and convincing” evidence that the property was eligible for forfeiture if an owner files a legal challenge. In addition, officers must prove criminality, not simply allege it.

Current law requires property owners to prove they are not connected with the alleged crime.

The legislation also would require the government to provide notice to owners before seizing property. Owners would have 30 days--compared with the current 10 days--to challenge a seizure in court.