In a crucial case that has the potential to redefine law enforcement’s authority, the Supreme Court is reviewing the legality of civil asset forfeiture. This practice, often criticized as “legalized theft,” involves the seizure of cars or other property by the police. In two cases from Alabama, the Supreme Court will decide whether individuals should be provided with prompt interim hearings to argue for the return of their property while their cases proceed.
Civil asset forfeiture allows the police to seize and keep property allegedly involved in a crime. This has led to numerous cases where innocent people have had their property confiscated with little recourse for getting it back promptly.
In the two cases under review, Halima Culley and Lena Sutton both had their cars seized by police in Alabama after drugs were found in the vehicles, even though they were not involved in the drug-related activities. Both women eventually regained possession of their cars, but not without significant delay and hardship.
SCOTUS is back, baby! Today the ct heard Culley v Marshall, which asks what procedural protections apply when gov’t steals—I mean, ahem, seizes—your stuff. Under civil asset forfeiture, gov’t can take your cash, tvs, cars, etc. w/o arresting, let alone convicting you of a crime pic.twitter.com/DTIjGhivs3
— A lady (@Anastasia_esq) October 31, 2023
Innocent owners like Culley and Sutton often face an uphill battle when it comes to reclaiming their property. The state of Alabama, where both cases originated, allows for the return of property to innocent owners, but the process is slow and cumbersome. This has led to calls for reform, with many arguing that the current system violates the constitutional right to due process.
The arguments presented before the Supreme Court this week highlight the need for a fair and just system that protects the rights of innocent owners. As Justice Sonia Sotomayor pointed out, “Many of these cases involve parents with teenage or close-to-teenage children involved in drug activity. The ones that don’t may involve spouses or friends.” These innocent owners should not be punished for the actions of others and should have a clear and efficient path to reclaiming their property.
The Supreme Court’s decision in these cases will have far-reaching implications for law enforcement practices nationwide. If the court rules in favor of the plaintiffs, it could change the way police conduct seizures and traffic stops in the future. It could also provide a much-needed check on a practice that has been criticized for its potential to infringe on individual rights.
Justice Neil Gorsuch has previously raised concerns about civil forfeiture practices. He noted that some jurisdictions use civil forfeiture as a funding mechanism, making it difficult for innocent people to reclaim their property. The justice also raised the question of whether the available procedures are adequate, stating, “We know there is misuse of the forfeiture system. We know it because it’s been documented throughout the country repeatedly.”
As the Supreme Court deliberates on this critical issue, it is important to remember the importance of protecting the constitutional rights of all individuals, including the right to due process. Civil asset forfeiture, in its current form, is ripe for misuse and can easily infringe on the rights of innocent owners.
A final decision is expected to be issued by the court by the end of the current term next June.
