ACLU wants Illinois forfeiture laws reformed
Tuesday, Apr 12, 2016 - Posted by Rich Miller
* Press release…
An Illinois legislative body is being told today that the State’s civil asset forfeiture laws are unfair, inconsistent and chaotic. The American Civil Liberties Union of Illinois today is calling on the legislature to work with urgency to rewrite these laws in order to ensure that Illinois residents whose property is seized by police cannot be permanently deprived of that property without clear proof that they were involved in criminal activity. The legislators will be told that Illinois recently received a failing grade for the fairness and transparency of its civil asset forfeiture laws.
“Our state’s laws in this area currently are grossly unfair,” according to Ben Ruddell, criminal justice policy attorney for the ACLU of Illinois. “As preposterous as it seems, you can lose your property – including your car, cash, or even your home – without ever being arrested or charged with a crime.”
“The system is bent to favor police and prosecutors who can use the laws as a profit center.”
The hearing on this issue is being held jointly by the Judiciary Civil and Criminal Committees of the Illinois House of Representatives. The hearing is set to begin at 4:00 p.m. in 114 Capitol. Among the witnesses will be two prominent Illinois defense attorneys who have dealt extensively with Illinois forfeiture law, as well as Lee McGrath from the Institute for Justice. That national organization, in a recent report evaluating states’ asset forfeiture laws, gave Illinois laws a grade of “D-“for fairness and transparency.
The Committee also will hear from Judy Wiese, a grandmother from the Quad Cities. She learned about the forfeiture laws the hard way when her car was seized after she lent it to her grandson, who turned out to be driving on a suspended license. No attorney was provided to assist Ms. Wiese to assist in getting her vehicle returned. Many people who face a similar situation must post a bond for 10% of the value of the car just to begin the process. It took five months without transportation, the intervention of the local media, and the kindness of strangers for Ms. Wiese to regain possession of her vehicle.
Residents of Illinois forfeit more than $20 million in property each year. The amount was more than $27 million in 2013. This amount does not account for seizures in Illinois by the federal government. The law provides that almost all of the money and property forfeited from Illinoisans goes directly to the law enforcement agency that seized the property. Many critics of forfeiture laws argue that such a system induces law enforcement to seize more property as a revenue generating opportunity.
“Police and prosecutors should not benefit from taking property away from persons when it is not justified,” added Ruddell. “It creates an incentive to engage in aggressive seizures that only hurt more people.”
Keep an eye on the hearing by using our handy dandy live coverage post.
- walker - Tuesday, Apr 12, 16 @ 3:44 pm:
How this ever passed Constitutional scrutiny viz search and seizure, is beyond me.
- SweetLou86 - Tuesday, Apr 12, 16 @ 3:58 pm:
Is the committee being live streamed?
- Mama - Tuesday, Apr 12, 16 @ 3:59 pm:
This is scary. I hope the legislature will fix this issue.
- JS Mill - Tuesday, Apr 12, 16 @ 4:14 pm:
These laws are a national disgrace. States like Florida and Georgia have abused these laws with regularity. In their defense they do have serious drug issues, but the seizures don’t seem to be changing that much.
- Joe Friday - Tuesday, Apr 12, 16 @ 4:24 pm:
1) make them prove criminality
2) if proven, funds go to General Revenue. This is Illnois!
- Vegan Butcher - Tuesday, Apr 12, 16 @ 4:29 pm:
===2) if proven, funds go to General Revenue. This is Illnois! ====
SB 2345 just passed the Senate unanimously, although it doesn’t do much other than allow for the money to be used for prevention, education and “detection” in cities with a population over 20K. Clearly the IL Senate did not get the ACLU memo…
- AC - Tuesday, Apr 12, 16 @ 4:36 pm:
My comment was seized. My overall point was that this type of seizure could happen to quite a few law abiding people. I’d be angry if I were on my way to buy a used car and had my cash seized, and even more angry if I had to hire a lawyer to get it back.
- NoGifts - Tuesday, Apr 12, 16 @ 4:43 pm:
I also find that this whole process is unconstitutional. Where were the libertarians when this got going? The general public didn’t complain because they assumed that it would only happen to “bad people” but as with all rights, if the government can abuse some of us, they can abuse any of us.
- NoGifts - Tuesday, Apr 12, 16 @ 4:45 pm:
Forfeiture laws should not be REFORMED, they should be revoked. Nobody’s property should be seized without a court proceeding.
- JoanP - Tuesday, Apr 12, 16 @ 4:57 pm:
@NoGifts -
I don’t know about the Libertarian Party (I presume that’s who you were referring to), but the ACLU fought these tooth and nail. Unfortunately, legislators were more concerned about being “tough on crime” and staying in the good graces of law enforcement.
- More bodies! - Tuesday, Apr 12, 16 @ 5:06 pm:
Illinois Policy Institute is going to testify in support too. As will Institute for Justice.
- crazybleedingheart - Tuesday, Apr 12, 16 @ 5:27 pm:
==if proven, funds go to General Revenue==
Right? Imagine how much stuff bus drivers or teachers or parks and rec staff would seize if they were allowed to just stash it in some slush fund somewhere.
Brought booze to the outdoor concert? Now we own your car!
Brought a nice new iphone to class? Now it’s mine!
Gimme a break.
It’s baffling that cops think they should not only be above the law but put in line ahead of every other public employee at all times.
- NoGifts - Tuesday, Apr 12, 16 @ 5:35 pm:
(crazybleedingheart) hahahahahah. All true.
- Rabid - Tuesday, Apr 12, 16 @ 8:04 pm:
Cops on a shopping spree due to the wisdom of Reagan
- Rabid - Tuesday, Apr 12, 16 @ 8:12 pm:
Audit all involved remember how the state police resigned over this
- Payback - Tuesday, Apr 12, 16 @ 8:17 pm:
“Police and prosecutors should not benefit from taking property away from persons when it is not justified,” Mr. Ruddell is being much too polite and diplomatic here.
NO property should be “seized” from ANY citizen at ANY time without due process of law. Meaning, only after trial and guilty conviction in open court. Then the legislature can set the penalty as high as they want by statute, if they want to appear “tough on crime.” That’s the legal way to do it.
Most forfeiture laws are based on the false legal concept that property has less rights than people, therefore a lower level of proof is required to find the proceeding “sustained” instead of “guilty.” “Sustained” is what the “administrative law judge” (hack lawyer) declared in Chicago when they stuck me with the boot and threat of tow within 24 hours for three alleged red light tickets. $798.00 to set my car free!
All current forfeiture laws are an unconstitutional holdover from the dark ages when the King owned all land and could seize any property at any time without judicial review. Flush them back to the middle ages and put them in a museum with the rack.
- Bring Back Quinnochio - Tuesday, Apr 12, 16 @ 9:23 pm:
If you have free time, check out the exploits of the LaSalle County States’ Attorney. He has been accused of taking liberties with DARE laws to acquire assets for the county. Disturbing.
- frisbee - Tuesday, Apr 12, 16 @ 9:32 pm:
Big score for Vermillion County in the News Gazette tonight, not very smart for this individual to be mailing pounds to himself.
“She said Taylor faces additional charges in other cases that are still pending in Vermilion County Circuit Court and those involve the seizure of an additional $250,000.”
http://www.news-gazette.com/news/local/2016-04-12/danville-man-convicted-marijuana-case-after-mailed-drugs-seized.html