The illustrations are endless. An entire farm can be seized if so much as one marijuana plant is found growing there. According to Steven B. Duke, a professor of Yale, a house can be seized and forfeited if it contains so much as a book on marijuana cultivation. The Supreme Court has upheld that the government can seize property even when its owner had no involvement or knowledge of the crime that was committed. The legal cost of proving the burden of innocence falls upon the former owner, as seized property becomes the property of the government.
Most people lack the resources to prove their innocence.
Wealthy accused often surrender property rather than face long prison sentences. Plea negotiations can now resemble haggling sessions worthy of Third World fish markets. The proceeds of asset forfeiture are divided among the law enforcement agencies involved in a case, a policy that clearly results in abuse of power. Former U.S. Department of Justice officials have admitted that many forfeiture cases are driven by the need to meet budget projections. The guilt or innocence of a person is often less important than the value of his or her assets.