Asset Seizure

An issue that I ran across while surfing tonight is asset seizure. I've seen a bit about it before, a reform law made the ballot here a few years back to try and reign it in.
The basic idea behind asset seizure is that money gained from a crime, or thing bought by that money, or things used in the commission of a crime are seized by the police or feds. This was made legal in the early 80's as part of the 'war on drugs'. Most folks, upon hearing about it, would agree that this is a good idea. Why should a drug dealer get to keep the money they make illegally, right?

Not often mentioned is the fact that you do not have to be convicted or even charged with a crime. You do not have to be caught in the commission of a crime. You do not have to have a criminal record. As far as I can tell, all that is required is that a law enforcement officer feels that he/she has probable cause to believe that you will commit a crime. For example, there are several cases where traveling with a 'substantial' amount of money was enough in and of itself. According to what I've been able to find, around 80% of people who have their assets seized are never charged with a crime. If your money or property is seized, you have to take the government to court. They do NOT have to prove that the property is in any sense illegal, YOU have to 'prove' it's not. The system is set up to make this as hard as possible; you have to post a bond for 10% of the value of what was seized (think what that comes to if it's your home) and hire a lawyer ($5000 - $10000). You have ten days. While trying to figure out how to survive without your home, car, savings, etc. As far as I can find, getting your stuff back is vanishingly rare.

"What about my constitutional rights" you ask. "Isn't there an amendment in the bill of rights specifically banning this?"

Yes, yes there is. Much good it will do you. The law gets around this by claiming that you are not being charged, your PROPERTY is what is guilty. I am not joking or even exaggerating. This is the exact justification.

I am not adding a bunch of links because I don't want to look like I am cherry-picking. If you want examples, just do a search for "asset seizure" and you will find more than you wanted to know.

On link I am adding is to the Cornell Law web site, which has a thorough but readable overview of the laws.