EDITORIAL: Civil asset forfeiture horror story shows need for reform

Every once in a while, a criminal makes a mighty blunder when sizing up a potential mark. The same can be said of the police.

Last week, federal officials agreed to return nearly $87,000 to a retired Marine sergeant after Nevada Highway Patrol officers shook him down for his cash during a February traffic stop outside Reno. Another civil forfeiture money grab on the flimsiest of pretenses. But this time, the victim refused to go quietly, and the resulting embarrassment led the government to beat a hasty retreat when the story hit the media.

It should also provide further impetus for Nevada lawmakers and Congress to put an end to the civil forfeiture racket.

Stephen Lara, who completed tours in Afghanistan and Iraq during his 17 years of service, was traveling from Texas to California when a Nevada state trooper popped him for following too closely behind a truck. When Mr. Lara told the trooper that he was carrying a significant amount of cash, the die was cast.

Mr. Lara was never issued a traffic citation nor charged with any crime. But the trooper left with his money thanks to laws sanctioning civil asset forfeiture, a tactic that allows law enforcement to seize homes, cars, cash or other valuables on the mere suspicion that they might be connected to illegal activity.

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“I left there confused. I left there angry,” Mr. Lara told The Washington Post. “And I could not believe that I had just been literally robbed on the side of the road by people with badges and guns.”

The Nevada Highway Patrol later laundered the loot by allowing the Drug Enforcement Agency to “adopt” the seizure through a program known as “equitable sharing.” This allowed the Highway Patrol to potentially keep a greater portion of the proceeds.

For many innocent people, the legal costs of trying to retrieve their property often exceed the value of the assets themselves. But Mr. Lara enlisted the help of the Institute for Justice, a public-interest law firm that has fought for years to reform forfeiture laws. After the Post wrote about his story, the DEA caved and agreed to return his money.

Unfortunately, Mr. Lara’s story is not uncommon. Nevada lawmakers should ensure that only those who have been convicted of criminal activity are subject to property seizures. They should also prohibit state law enforcement agencies from coupling with the feds to maximize their forfeiture haul. Meanwhile, Congress should move forward with pending legislation designed to make it more difficult for federal agencies to abuse forfeiture statutes.

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Additional Reading:
This Week’s Civil Forfeiture Outrages: Do People Facing Forfeiture Get Due Process? | Charlotte Is Ground Zero for New FBI Asset Forfeiture Tip Line Program | Reform Proposals for Forfeiture – Legal Strategies | The Surprising Truth About ‘Dirty Money’ | FBI misled judge who signed warrant for Beverly Hills seizure of $86 million in cash | Equitable Sharing Programs: A Guide for Asset Defense | Analysis of Supreme Court Case over Civil Forfeiture | Reforming Civil Asset Forfeiture (ACLU) | How Law Enforcement Can Take Your Stuff | Police Officer Arrested On Civil Asset Forfeiture Confusion | Former Motel Caswell owner testifies in nation’s capital on pitfalls of civil forfeiture law | Government Asset Seizure Rights – Rucci Law | Filmmaker Got Back His $69,000 ‘Stolen’ by DEA Agent, Plus a $15,000 Settlement | Property Forfeiture Attorney Los Angeles – Rucci Law | Asset Forfeiture Defense California – Rucci Law | How Policing for Profit Threatens Your Rights (TEDx) | 21 U.S.C. § 881 FORFEITURES | Federal Seizure Defense – Rucci Law | After Having His Motel Seized by the Government, Victim of Civil Asset Forfeiture Reflects on His Fight | Seized Business Property – Rucci Law | Distracted media missed the asset forfeiture issue | John Stossel – Civil Asset Forfeiture | Indiana Supreme Court Finally Puts an End to the Timbs Asset Forfeiture Case— “Reminiscent of Captain Ahab’s Chase of the White Whale Moby Dick” | No Arrest — But Cops Took And Kept His $2,035 Anyway