Through the use of civil asset forfeiture, law enforcement agencies in Texas last decade collected property and cash valued at $280 million from individuals neither convicted nor even charged with a crime. Civil asset forfeiture allows police and sheriffs to confiscate property if they suspect it aided in the commission of a crime, and Texas law permits law enforcement to keep 90% of what it seizes.

 

A report from the Institute of Justice stated: “Because Texas’ statutes let law enforcement agencies benefit directly from the proceeds of forfeiture, it creates incentives for them to pursue actions that will result in the greatest revenue, often at the expense of innocent owners.”

 

For instance, in October 2007, Roderick Daniels of Tennessee was pulled over in Tenaha, Texas, for allegedly traveling 37 mph in a 35-mph zone. The officer on the scene discovered $8,500 in cash that Daniels planned to use to buy a new car. Daniels was threatened with charges of money-laundering unless he turned over the cash, which he did, even though he had committed no crime.

 

The average Texas law enforcement agency gained 14% of its revenue from forfeitures. About 74% of the proceeds were used to purchase equipment and 23.6% was spent on salaries and overtime pay.

-Noel Brinkerhoff

 

Forfeiting Justice in Texas (by Dick Carpenter, Daily Caller)

Forfeiting Justice (by Scott Bullock and Dick M. Carpenter II, Institute for Justice) (pdf)