Ending Civil Asset Forfeiture Abuse in Tennessee
by Knoxville Tea Party
February 11, 2019
The Issue
"Civil Forfeiture" is a polite phrase for law enforcement agencies taking citizens' property, even when those citizens have not been not convicted or even accused of any crime. Last year the Campaign to End Civil Asset Forfeiture in Tennessee made great strides toward eliminating the practice in our state, successfully promoting legislation to end the practice. But Tennessee's local agencies, now barred, have been evading the restrictions by simply letting the feds do the seizing instead, then the feds reward the local agencies with a share in the booty.
What Is Civil Asset Forfeiture?
The practice is rooted in President George W. Bush's "War on Drugs," and generally involves law enforcement confiscating money and property they believe may be connected with, or the ill-gained profits from, trafficking in drugs. The seized monies generally accrue to the agency that seizes them; that is, if your department seizes the money, your department gets to keep it.
Unintended Uses & Consequences
Unfortunately, it has come to mean that you can be pulled over in Tennessee for a traffic ticket on your way to buy a used car, or going to deposit the daily cash receipts from, for example, your legitimate restaurant or other small business. If it is discovered, while processing your traffic ticket, that you have a large sum of cash, the officer may seize your money, and you'll have very little ability to ever get it back.
Prohibited by the 4th Amendment
Obviously we have no problem with law enforcement, as provided by law, seizing any gains or profits that resulted from illegal activity. However, the 4th Amendment requires that the government must prove a crime was committed, first!
Progress, and Evasion
Tennessee took a great step toward ending this practice in our state last year, with legislation that prevents law enforcement from engaging in seizure of such assets. However, the TN agencies who are barred from making the seizures themselves, are now allowing the federal government's agencies to seize the assets, which the federal government then shares with the TN agencies via the federal government's "Equitable Sharing" program. In other words, they're working around the system.
HB340
We owe Rep. Martin Daniel (R-Knoxville) a great debt for introducing House Bill 340 (link) to rectify this situation.... We understand that on Tuesday next week (Feb. 19th), Rep. Daniel intends to introduce HB340 for a vote by the House's Civil Justice Subcommittee.
For more information and action steps, contact [email protected]
by Knoxville Tea Party
February 11, 2019
The Issue
"Civil Forfeiture" is a polite phrase for law enforcement agencies taking citizens' property, even when those citizens have not been not convicted or even accused of any crime. Last year the Campaign to End Civil Asset Forfeiture in Tennessee made great strides toward eliminating the practice in our state, successfully promoting legislation to end the practice. But Tennessee's local agencies, now barred, have been evading the restrictions by simply letting the feds do the seizing instead, then the feds reward the local agencies with a share in the booty.
What Is Civil Asset Forfeiture?
The practice is rooted in President George W. Bush's "War on Drugs," and generally involves law enforcement confiscating money and property they believe may be connected with, or the ill-gained profits from, trafficking in drugs. The seized monies generally accrue to the agency that seizes them; that is, if your department seizes the money, your department gets to keep it.
Unintended Uses & Consequences
Unfortunately, it has come to mean that you can be pulled over in Tennessee for a traffic ticket on your way to buy a used car, or going to deposit the daily cash receipts from, for example, your legitimate restaurant or other small business. If it is discovered, while processing your traffic ticket, that you have a large sum of cash, the officer may seize your money, and you'll have very little ability to ever get it back.
Prohibited by the 4th Amendment
Obviously we have no problem with law enforcement, as provided by law, seizing any gains or profits that resulted from illegal activity. However, the 4th Amendment requires that the government must prove a crime was committed, first!
Progress, and Evasion
Tennessee took a great step toward ending this practice in our state last year, with legislation that prevents law enforcement from engaging in seizure of such assets. However, the TN agencies who are barred from making the seizures themselves, are now allowing the federal government's agencies to seize the assets, which the federal government then shares with the TN agencies via the federal government's "Equitable Sharing" program. In other words, they're working around the system.
HB340
We owe Rep. Martin Daniel (R-Knoxville) a great debt for introducing House Bill 340 (link) to rectify this situation.... We understand that on Tuesday next week (Feb. 19th), Rep. Daniel intends to introduce HB340 for a vote by the House's Civil Justice Subcommittee.
For more information and action steps, contact [email protected]