Civil Forfeiture’s Abuses Risk Eroding Public Trust in Law Enforcement

An additional problem with civil forfeiture is that it may contribute to negative perceptions of law enforcement and thereby hinder crime fighting. Although researchers and others have speculated about this problem, there is no research directly on point. 1  However, some evidence is suggestive. In IJ’s survey of Philadelphia forfeiture victims, respondents overwhelmingly described negative experiences with law enforcement. 2  For example, they reported disrespectful behavior, from verbal abuse to violent intimidation. Overall, they described forfeiture as frustrating, corrupt, and unfair.

Other victims of forfeiture have described their civil forfeiture experiences in similar ways. For instance, Dewonna Goodridge nearly lost her truck to civil forfeiture after her son was stopped by Kansas police while driving it. Although one of the officers claimed to have found marijuana crumbs in the center console, no evidence was collected, and no charges were filed. Moreover, the officers knew the truck belonged to an entirely innocent third party—Dewonna. Nevertheless, an officer told her, “My supervisor told me to seize the truck so you’re not going to get it back.” It is little wonder that Dewonna described her experience in terms similar to those of Philadelphia forfeiture victims: “I just didn’t think it was fair because I worked really hard to get this vehicle. They knew when they ran the plates that everything came back to me, and I just couldn’t understand.”  3  

Ella Bromell fought the seizure and forfeiture of her home in Conway, South Carolina, after police tried to punish her because drug dealers were trespassing on her property—despite her attempts to keep them away. 4  The experience made her want to avoid any interaction with police: “I just don’t feel like being with them or being by them or [having] anything to do with them.” 5

These observations echo research showing that, in general, people tend to see legal processes as unfair when they have limited input, the rules are confusing and opaque, the decisions do not seem impartial and based on facts, and their needs and concerns are ignored. 6  And when people see law enforcement behavior as unfair, they are less willing to do the things that law enforcement needs to actually fight crime such as call or provide information to the police or serve as a witness at trial. 7