Civil Asset Forfeiture: A Legitimate Source of Revenue or an Assault on Private Property?

Event Date - November 16, 2004

Full Text of "Civil Asset Forfeiture: A Legitimate Source of Revenue or an Assault on Private Property?"

Cameron Holmes, Assistant Attorney General, Arizona

Tim Keller, Executive Director, Arizona Chapter, Institute for Justice

Under Arizona's civil asset forfeiture laws, police and prosecutors can seize property without having to file criminal charges against an owner. In the Goldwater Institute policy report, Policing and Prosecuting for Profit: Arizona's Civil Asset Forfeiture Laws, Tim Keller and co-author Jennifer Wright argue that such laws violate basic due process protections. Justified as a revenue source for law enforcement agencies, Keller and Wright document how civil asset forfeiture laws incentivize increased seizures and undermine the fair and impartial administration of justice guaranteed by the Constitution. Others believe asset forfeiture is a necessary tool for fighting crime and funding law enforcement agencies.

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