We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What Is Civil Asset Forfeiture?

Mary McMahon
By
Updated Feb 25, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Civil asset forfeiture is the seizure of assets by the government if it suspects they were involved in the commission of a crime. While the parties to the crime are prosecuted in criminal court for their actions, the seizure of their property takes place in civil court, where standards of proof are lower, and it is up to the defendant to prove that the assets are innocent, rather than the government's responsibility to prove that they were used in a crime. This practice originated in the United States as part of that nation's attempt to curb the drug trade, and has since spread to other nations.

In an example of how civil asset forfeiture can work, if government officials mount a raid on a property where marijuana is grown and seize plants for destruction, they can also seize anything used in connection with the crime. This includes cultivation equipment, vehicles, scales, packaging supplies, and the property itself, on the grounds that without the property, the suspected criminal would not have been able to grow the marijuana. Civil asset forfeiture is also available for other drug cases, and in some regions has expanded to crimes like drunk driving and terrorism.

Governments argue that civil asset forfeiture creates an additional risk of penalties that may lead criminals to think twice. The thought of jail time might be a concern, but the risk of losing real estate is an even bigger worry for some criminals, for example. The property, once seized, can be sold and used to finance further law enforcement activities. It may remain with local agencies or go to the national government, which can decide how to apply the funds. Thus, civil asset forfeiture increases law enforcement budgets, providing a mechanism for getting more police officers on the street and buying needed equipment.

Substantial criticisms of this practice have been advocated by civil rights advocates and organizations concerned with property rights. Some argue that it encourages “policing for profit,” by creating an incentive to seize assets, and that property may be seized from innocent people. Seizures can also sweep up property that is not used for criminal purposes, such as personal vehicles that were never involved in drug deals.

Laws about civil asset forfeiture vary depending on the region and the nation. Individuals facing civil suits for seizure of their assets should retain a lawyer to discuss their options and develop an aggressive defense if they want to retain their assets.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGEEK researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Discussion Comments

Mary McMahon

Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Read more
WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.