The practice of civil forfeiture allows police to seize — and then keep or sell — any property they allege is involved in a crime. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.
It was first sold to the public as a way to combat large drug cartels but over time it has turned into a way for police departments to support their bottom lines, making seizures motivated by profit rather than crimefighting.
HB 4717 has now passed both houses of the Legislature and awaits the governor’s signature. It strikes a major blow to civil asset forfeiture by making it much more transparent. The bill requires law enforcement agencies to report to the state auditor a variety of significant information relating to seizures and forfeitures, and to have the state auditor report that information to the Legislature.
With more transparency, we’ll all have a much better understanding of just how seizure and forfeiture is being applied.
ACLU-WV will continue to work to end the practice of civil asset forfeiture. As part of that effort, we support this legislation.