End The War On Drugs - Chapter 12

Asset Forfeiture

EDITOR’S NOTE: A few years ago, I penned a first draft of a short book, “End The War On Drugs” I offer an updated version, in serial form, here on Substack, for my paid subscribers. I will publish a chapter each week.

CHAPTER 1: A Catastrophic Failure
CHAPTER 2: A Brief History
CHAPTER 3: A Society Rooted in Individual Liberty
CHAPTER 4: Use vs Abuse
CHAPTER 5: Societal Cost
CHAPTER 6: Use and Addiction
CHAPTER 7: Free To Choose
CHAPTER 8: Prohibitions Create Business Opportunities
CHAPTER 9: Inner City Youths and the Permanent Stigma of Drug Convictions
CHAPTER 10: Prisons and the Corrections Industry
CHAPTER 11: Law Enforcement and the Militarization of Police

---

Ever hear of civil asset forfeiture?  Did you know that the government can take your property, not charge you with a crime, and require that you fight in court to get your property back?  Did you know that, if the police discover a sum of cash on your person or in your effects, they can on the barest of pretexts decide it is related to drug activities and take it?  You're then left with having to demonstrate, via the legal system, the legitimate provenance of that cash, and even then,getting it back isn't by any means assured.

Normally, a person is presumed innocent until proven guilty.  However, the government has figured out how to dodge this pesky principle by "charging" the property itself.  Let’s say a drug dog sniffs at luggage and makes the gesture that indicates a "positive."  Let’s say the police find $5,000 in cash.  They can presume, based on the dog's reaction, that the money has been used in a drug transaction at some point in its history.  Boom, confiscated. 

Or, you get pulled over for a busted tail light. You’ve got $5,000 in a paper bag, because you’re on your way to buy a motorcycle or antique mirror or rare mint-in-box collectible. Cop asks if he can search your car, you say “sure,” figuring you’ve nothing to hide. They find the cash, you protest that it’s yours, they say “prove it in court.” Bye, bye, money.

And, do you think that money goes into an evidence bag to collect dust?  Oh, no.  It gets used for some shiny new SWAT toys, or police overtime so they can find more to seize, or the like.  Of course, you can retain a lawyer to get your money back, but the government's lawyers can probably make you burn through $5,000 in legal fees without blinking an eye.  You're outta luck.

Let me say this again, because it is so outrageous: They don’t have to prove anything to take your stuff.