![]() Here, action is taken against a specific piece of property rather than a person, leading to interesting case names like United States v. The second, civil forfeiture, requires neither a conviction nor any proof of wrongdoing. The first, criminal forfeiture, requires that a person be convicted of a crime before his/her property is taken. In the United States, the government uses two methods to seize cash or other property. Using cash that is unjustly seized from Americans, police departments across the nation buy firearms, SWAT gear, flat-screen TVs, and a slew of other goods they deem to be “essential” to operation.īut how exactly is this legal, and why is such a crazy procedure permitted in a country that prides itself on its civil liberties?Ī Brief History of (Legally) Stealing Other People’s Stuff The law flips the American justice system upside down: the burden of proving innocence is on the “suspect” - and if he or she can’t do that, the property is fair game for officers to take. They do not need to file a criminal charge. ![]() ![]() In doing so, they need no proof that the money is obtained through illegal means. Under the umbrella of “civil forfeiture,” officers of the law confiscate millions of dollars in cash from thousands of individuals like Charles Clarke every year. Based solely on the fact that his bag “smelled like weed,” they claimed that the $11,000 was related to drug trafficking and seized it. The cash, earned through five years of hard work at fast-food restaurants and retail outlets, represented Clarke’s life savings - money he intended to use for tuition fees. But buried between t-shirts, in the young man’s bag, the officers discovered something of greater interest: $11,000 in cash. One of the men turned to him and grunted, “ This smells like marijuana.” An extensive search ensued, which yielded no trace of drugs in Clarke’s luggage. ![]() Two uniformed men - an airport police detective and a local Drug Enforcement Administration officer - approached by Clarke and corralled him into a fluorescent backroom. Having just visited relatives, he was in high spirits, and eager to return to his home in Florida.īut Clarke’s day took an unexpected turn. On February 17, 2014, a 24-year-old college student named Charles Clarke checked a bag at Cincinnati/Northern Kentucky International Airport and parked himself in a chair near the boarding gate. ![]()
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