692: 'You need not be convicted for them to take and keep your property'

What is civil asset forfeiture? It's the process through which law enforcement can "seize your property on the basis of suspicion that it's involved in a crime," Patrick Reasonover told us on this episode of Plain Talk. What's worse? The cops often get to keep the proceeds. Or, at least, their departments do.

Reasonover is one of the producers of the documentary, "When Cops Become Robbers," which was recently screened by the Challey Institute at North Dakota State University. The film tells the stories of three people who had their money and property taken by law enforcement despite not having been involved in any crime. It also includes interviews with people on both sides of the issue.

But the conclusion of the film is that civil asset forfeiture isn't anything like justice. "They need not arrest you or charge you with the crime," Reasonover said. "You need not be convicted for them to take and keep your property. You have to then prove the innocence of the property that it was not used to commit a crime or is the proceeds of a crime in order to get it back."

In North Dakota, lawmakers have passed some reforms for civil asset forfeiture in recent legislative sessions. Police must now adhere to the "clear and convincing evidence" standard for linking seized property to a crime. There is also a conviction requirement, though it's a weak one, as it does not apply if the owner fails to contest the forfeiture in court or if the owner reaches a settlement with the state. State law also still provides a financial incentive for law enforcement to seize property by allowing them to keep the proceeds up to $200,000 per year (after which the revenues go to the state's general fund).

Worst, perhaps, is that North Dakota still allows "equitable sharing" agreements with federal law enforcement, which is a handy way to do an end-run around state law. Reasonover says that's exactly how it was designed to work.

"What's important to know about this equitable sharing loophole is it actually wasn't really designed as a loophole," he said. "The federal government designed this system to work exactly as it's working. They wanted to incentivize local police jurisdictions to get involved in the drug war. They wanted them to actively go out, pull over and seize money. And they wanted to incentivize them to do it."

Local law enforcement still gets to keep the majority of the revenue from the seized property. "If they make it a federal seizure, which is super easy to do, then the local jurisdiction sends 20% of the money to the feds," Reasonover said.

Also on this episode, me and co-host Chad Oban talk about the Afroman kerfuffle, the problem with always "backing the blue," and a conspiracy theory about the Byron Noem revelations.

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