The Supreme Court offered no explanation when it refused to hear Leonard v. Texas. But one member of the Court did speak up in protest. In a statement respecting the denial of certiorari, Justice Clarence Thomas made it clear that in his view modern asset forfeiture law is fundamentally incompatible with the U.S. Constitution. Yesterday, one of the most influential federal appellate courts in the country—the U.S. Court of Appeals for the District of Columbia Circuit—signaled its agreement with Thomas' assessment in a notable decision in favor of an innocent couple fighting for the return of $17,900 in cash seized by the police.
As Thomas explained in Leonard v. Texas, "this system—where police can seize property with limited judicial oversight and retain it for their own use—has led to egregious and well-chronicled abuses." For one thing, "because the law enforcement entity responsible for seizing the property often keeps it, these entities have strong incentives to pursue forfeiture." For another, this sort of police abuse disproportionately harms disadvantaged groups. "These forfeiture operations frequently target the poor and other groups least able to defend their interests in forfeiture proceedings," he observed. "Perversely, these same groups are often the most burdened by forfeiture. They are more likely to use cash than alternative forms of payment, like credit cards, which may be less susceptible to forfeiture. And they are more likely to suffer in their daily lives while they litigate for the return of a critical item of property, such as a car or a home."
To make matters worse, Thomas continued, the Supreme Court's previous rulings in this area do not line up with the text of the Constitution, which "presumably would require the Court to align its distinct doctrine governing civil forfeiture with its doctrines governing other forms of punitive state action and property deprivation." Those other doctrines, Thomas noted, impose significant checks on the government, such as heightened standards of proof, various procedural protections, and the right to a trial by jury. Civil asset forfeiture proceedings, by contrast, offer no such constitutional safeguards.
http://reason.com/blog/2017/06/21/clarence-thomas-attacks-civil-asset-forf
As Thomas explained in Leonard v. Texas, "this system—where police can seize property with limited judicial oversight and retain it for their own use—has led to egregious and well-chronicled abuses." For one thing, "because the law enforcement entity responsible for seizing the property often keeps it, these entities have strong incentives to pursue forfeiture." For another, this sort of police abuse disproportionately harms disadvantaged groups. "These forfeiture operations frequently target the poor and other groups least able to defend their interests in forfeiture proceedings," he observed. "Perversely, these same groups are often the most burdened by forfeiture. They are more likely to use cash than alternative forms of payment, like credit cards, which may be less susceptible to forfeiture. And they are more likely to suffer in their daily lives while they litigate for the return of a critical item of property, such as a car or a home."
To make matters worse, Thomas continued, the Supreme Court's previous rulings in this area do not line up with the text of the Constitution, which "presumably would require the Court to align its distinct doctrine governing civil forfeiture with its doctrines governing other forms of punitive state action and property deprivation." Those other doctrines, Thomas noted, impose significant checks on the government, such as heightened standards of proof, various procedural protections, and the right to a trial by jury. Civil asset forfeiture proceedings, by contrast, offer no such constitutional safeguards.
http://reason.com/blog/2017/06/21/clarence-thomas-attacks-civil-asset-forf
