Constitutional Concerns

Laws and Policies

"Today’s civil asset forfeiture system also raises several constitutional issues. First, the potential for law enforcement to operate independently of the political process may violate the Constitution’s Appropriations Clause.¹⁵⁴ Second, a federally created forfeiture tool called “equitable sharing” effectively permits state and local law enforcement to bypass states’ attempts to mandate how proceeds are disbursed, raising federalism concerns.¹⁵⁵ Finally, the increasingly popular use of waivers—whereby the police offer property owners the choice of avoiding criminal charges in exchange for their property—means owners are deprived of the chance to challenge the forfeiture in a proceeding.¹⁵⁶ Agencies that use waivers bypass civil asset forfeiture laws and deprive owners of the protections they provide, raising serious due process concerns."