Law enforcement agencies usually get to keep most of the proceeds of forfeiture, so they have a strong incentive to utilize forfeiture as often as possible. This incentive may be strong enough to pre-empt more traditional law enforcement activities such as preventing crimes and apprehending criminals, a problem of particular concern to people who depend on the police for protection. One possible solution, which was used successfully in Missouri, is to remove the incentive for law enforcement agencies to engage in forfeiture by prohibiting them from profiting from such activities. Separating forfeiture from profit might help to ensure that it is used as a weapon against serious criminals instead of as a fundraising mechanism. The public needs to let law enforcement agencies and legislators know that it considers such practices unacceptable.
Some legislators are already aware of the problem.
The ultimate goal should be to abolish the archaic concept that inanimate objects can commit crimes and may legally be seized for doing so. About the Author Sarah Thompson is a medical doctor and policy specialist who authored this piece for the Sutherland Institute, a Utah public policy research institute. Permission to reprint this article in whole or in part is granted provided credit is given to the author and to the Sutherland Institute. The Institute seeks to create effective solutions to Utah's public policy problems. For more information about the Sutherland Institute please contact us at the address and phone number below.