Read it and weep: Texas gets a big fat grade of D- from the Institute for Justice in their latest report on the state of civil asset forfeiture laws.
Here’s the scoop: You’ve got property, cash, cars, whatever, and you get popped for a crime – for shits and giggles, lets say you were popped for growing pot. Not only do you face time for that crime, but you likely will have the bulk of your estate seized by the government as well (and, as it was in Tehana, it can happen even when you haven’t been charged with a crime). Welcome to the world of asset forfeiture!
According to the new IJ report, asset forfeiture laws provide a motive to “police for profit” – and in Texas, apparently, its a mighty big motive. The state gets a failing grade for its low level of protection for individuals facing forfeiture (all it takes is a “preponderance” of the evidence against you to trigger the taking, as opposed to the criminal standard of beyond a reasonable doubt), and a super failing grade for its “equitable sharing” program with the feds, giving the state an overall grade of D-.
Indeed, the average Texas take each year in forfeited assets is more than $32 million. In 2007 alone, the state took in nearly $44 million in cash and more than $5 million in property. The potential policing-for-profit motive here is high, reads the report, because police agencies retain approximately 90% of what they seize.
This article appears in The End of UT Football.