Civil forfeiture poses a grave threat to property owners nationwide. Too often, it allows law enforcement to evade the basic safeguards of criminal process and put property owners in a lose-lose situation: either let the government keep their property or spend time and money trying to fight to get it back. For most people, the value of the property isn’t worth the cost of hiring a lawyer. Other people lack the resources to hire an attorney. At every turn, the government often has an overwhelming advantage.
Terry Abbott learned all of this the hard way. In 2015, police officers seized about $9,000 from him. He originally hired an attorney to defend against the government’s forfeiture lawsuit. But he couldn’t afford the mounting legal fees. So he continued without counsel. He asked for the help of a court-appointed attorney, but the trial court rejected his request and decided the government should get to keep his money.
On appeal, the Court of Appeals held that the trial court had jumped the gun and the government must prove its case at trial. The Court of Appeals also held that Abbott should be able to use some of the seized funds to hire defense counsel. It’s his money until the government potentially proves its case, after all.
The Indiana Supreme Court granted review of the case, and the Institute for Justice represented Abbott for the appeal. In a divided decision, the Indiana Supreme Court ruled that the government must prove it is entitled to keep seized property, but forfeiture victims do not have a right to use their seized funds to hire an attorney. Chief Justice Loretta Rush disagreed with the decision and opined that the exceptional circumstances in this civil forfeiture case require the state to appoint an attorney for the property owner.
Case Team
Staff

J. Justin Wilson
Vice President for Communications
Case Documents
Opposition to Transfer
Addendum to Brief in Opposition
Media Resources
Get in touch with the media contact and take a look at the image resources for the case.
J. Justin Wilson Vice President for Communications [email protected]
Related Cases

Civil Forfeiture | Private Property
Class Action Challenges FBI’s “Take Now, Explain Never” Forfeitures
Linda Martin's home savings were seized by the FBI. She received a confusing forfeiture notice that didn't clearly say what she did wrong for the government to want to take her money.

Civil Forfeiture | Private Property
Police seized an innocent woman’s $8,040, and now she is fighting to have her day in court
Cristal Starling runs a mobile food cart in Rochester, New York, to provide for herself and her grandnephew. She dreamed of expanding the business into a food truck, and she saved enough money to do…

Civil Forfeiture | Private Property
Armored Car Company Sues Federal Law Enforcement and a California Sheriff After Series of Illegal Roadside Seizures
An armored car company sued after a California sheriff teamed up with federal law enforcement to take proceeds from legal cannabis businesses.