Maine has become the fourth state to ban civil asset forfeiture, which means that authorities in that beautiful state won’t be able to seize assets unless the owner is convicted of a crime and the assets are related to the crime. Another term for civil asset forfeiture: Policing for Profit.
It’s a victory dear to the Institute of Justice and all those who believe in due process.
“Civil forfeiture is one of the most serious assaults on due process and private property rights in America today,” said Institute for Justice Senior Legislative Counsel Lee McGrath, who testified in favor of the bill. “Today’s decision to repeal civil forfeiture ends an immense injustice and will ensure that only convicted criminals—and not innocent Mainers—lose their property to forfeiture.”
In case you’re wondering, the other three states are Nebraska, New Mexico and North Carolina.
Trend-setting big states didn’t make the cut.
When California lawmakers tried – but failed – to pass such a law in 2016, I dubbed it, “First they take your stuff, then you get to ask for it back.”
San Diego attorney Löan T. Shillinger told me many of her clients are small-business owners who drive with cash in the car. (California State Sen. Holly) Mitchell recalls a food-truck driver who had $10,000 when police asked to search his car. He had nothing to hide. Next thing people in his situation know, they have to hire a lawyer if they want their money back. And they are shocked to discover the government can treat law-abiding people under the assumption that they are guilty.
This is an issue where Republicans and Democrats should agree. Watch the video above and get angry.