And it is not that uncommon. He pointed out that in some Texas counties and Southern states, sheriff's salaries are based on the proceeds of forfeiture. Across the country, the operation of law enforcement drug task forces depends on that money. These are not isolated incidents. The best way to reduce the abuse related to civil forfeiture is to defuse the incentive.
Most state laws carry strong protections for citizens' property.
For example, some states require a conviction or at least evidence of a felony crime before a judge can order property forfeited. Federal law does not have such a provision. Kessler said that in 80 percent of federal civil forfeiture cases, a person's property is taken without a conviction. Federal law also allows a law enforcement agency rather than a judge to declare property forfeited, Kessler said, and that's what happens in a great majority of federal cases.