Seizure of drug money or highway robbery
Abuse of the forfeiture laws is rampant in South Carolina. Anytime a vehicle is stopped and any amount of drugs is found along with money, law enforcement takes the money. Sometimes they take money from passengers. Sometimes they take the vehicle. I have seen cases where a roach was found in the ashtray of a car, and the officers took all money out of the driver's pockets and informed him that it would be forfeited. Law enforcement took over $7000.00 from another client after finding a pipe in her room, and less than a quarter bag of weed in a roommates room which she was not charged with.
There are requirements that must be met under the forfeiture statute before law enforcement can take money from a person and attempt to keep it. Possession of a small amount of marijuana, proximity to a pipe or bong, or some shake on the floorboard do not qualify. If there is a valid claim for seizure of money or vehicles, law enforcement must file an action and have a judge review the case to determine whether there is probable cause for the forfeiture, and in many cases even this is not happening.
Officers will attempt to have the person consent to the forfeiture on the spot, and have the paperwork ready for them to sign. In other cases, they don't even ask for the consent and the civil suit is never filed. Law enforcement knows that these people do not know how to go about getting their money or vehicle back, and they know that if they are taking only a few thousand dollars, no attorney will take the case because the cost of the legal fees will likely exceed the amount of money that was taken.
In these situations, what is happening is armed robbery by law enforcement. Multiple officers carrying guns and displaying badges are taking what they want from people on the highway by force. The money may go to their department, although the people they are doing it to are not always sure, but that does not change the fact that it is armed robbery on the highway.
The ostensible purpose of the forfeiture laws was to use them as a weapon in the war on drugs. If you hit the drug traffickers financially then you are hurting them. This may be a valid purpose to confiscate money that is truly being used to finance drug transactions, but this is not how the forfeiture laws are being used in the situations I've described above. Law enforcement agencies depend on income from forfeitures, and there is often abuse in the way that the money is seized and the way that it is spent. Individual officers in some agencies are considered heroes by their brethren for the cash amounts that they bring in from asset seizures on the interstates.
I have told too many clients that there is nothing I can do to help them get their money back, because a few hundred or a few thousand dollars is not worth it to file suit. If I had the time I would file suit in every case where I know that law enforcement broke the law by seizing funds they were not entitled to, but I simply can't do it. What I can do is begin filing complaints in every case where this happens, no matter how small.
I believe we need greater oversight of how forfeiture laws are being implemented by various agencies. I believe the attorneys at the solicitor's offices who are handling these cases should take more initiative in ensuring that law enforcement is not breaking the law while harvesting funds from the highways. There should be a system in place to hold officers accountable for the seizures that somehow do not result in forfeiture suits being filed.
NPR has a four part story on seizure of drug money in other parts of the country that is worth reading:
Comments
We used to have the same basic problem here in Missouri. This was really a big problem in the small towns around St. Louis. Then the legislature modified the laws to require a conviction to do the forfeiture. Now, forfeitures usually go federal. If you want more info on this, drop me a line.
Posted by: Wayne Gifford | December 7, 2008 9:29 PM
It makes sense to require a conviction before allowing forfeiture. It's not constitutionally mandated, and law enforcement is not going to let go of their cash cow so easy.
A quick google search also showed that in Missouri forfeited funds are required to go into an eduction fund - that's a good idea also, it takes away the motive to make bad cases if they can't then keep the money in their department.
Posted by: BFrederick | December 7, 2008 10:32 PM
so today my friend borrowing my car in south carolina got pulled over and opened up the glove compartment and the police saw a large amount of cash which is mine. They searched the car claiming that to be their probable cause. They found a bowl and less than a gram of marijuana and seized my 1400 dollars. Now, they are claiming I can not get it back because drugs were found despite the money and car being mine - not his. I am now at a loss of what to do because that was all my money I had from savings. I live with other people who I dont trust so thats why I keep it in my car. Any ideas of what to do?
Posted by: Ashlyn | March 31, 2009 4:39 PM
I'm afraid your answer is in the article above. Do not consent to the forfeiture and file a civil action immediately for them to return the money. Unfortunately, the amount is small enough that it is significantly less than it would cost for an attorney to file the lawsuit for you.
Posted by: BFrederick | March 31, 2009 7:21 PM