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Policing and Prosecuting for Profit:

Arizona’s Civil Asset Forfeiture Laws Violate Basic Due Process Protections


by Tim Keller,
Executive Director, Arizona Chapter, Institute for Justice; and
Jennifer Wright,
law student, Arizona State University, former law clerk and paralegal, Institute for Justice


EXECUTIVE SUMMARY

In 2002, New Jersey’s Carol Thomas made headlines after her teenage son used her 1990 Ford Thunderbird to sell marijuana to an undercover police officer. He was arrested, pled guilty and faced his punishment. However, that did not end the case. The government also seized Thomas’ car, despite the fact that no drugs were found in the car, she was the sole owner, and she had no knowledge of her son’s use of the car to sell illegal drugs. The government’s action was pursuant to a legal doctrine—civil asset forfeiture—that allows police and prosecutors to seize and forfeit property without ever filing criminal charges against the property owner.

The purported intent of asset forfeiture laws is. . . READ MORE,
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