Supreme Court to hear asset forfeiture case

Asset forfeiture is one of law enforcement's most potent weapons against drug crimes. When private property such as cars, boats, houses, and money are used in a narcotics transaction, US laws allow the police not only to seize those assets but to profit from the seizures. But a problem arises when the confiscated property belongs to someone unaware that crimes were taking place. In such instances, it can take a year or more for the owner to get back the seized property. The US Supreme Court Wednesday takes up a case examining whether a federal appeals court was right when it ruled that officials in Chicago were taking too long to return property to innocent owners. The case, Alvarez v. Smith, involves six individuals who filed a class action lawsuit challenging Illinois' Drug Asset Forfeiture Procedures Act (DAFPA). Three claims sought return of seized cash, three others involved cars. The law provides for a series of administrative steps that can take from three to six months from the time of the seizure until a forfeiture hearing is held before a judge. The plaintiffs complained that was too long for an innocent owner to wait. The Seventh Circuit Court of Appeals agreed. The appeals court likened the situation to the right of a criminal defendant to a speedy trial...read more