Asset Forfeiture: A Critical Analysis of Rights, Procedures, and More

Asset Forfeiture Laws In California

California asset forfeiture laws permit the government to seize and potentially retain your property if there is evidence that the property was either used in the commission of a crime or obtained through criminal activity. Asset forfeiture often occurs in cases involving drug crimes and organized crimes. This includes, but is not limited to:

• Houses purchased with money from illegal activities.
• Cash acquired from illicit drug activities.
• Weapons involved in assault cases.
• Electronic devices used in criminal activities.
• Vehicles used to transport stolen goods or illegal drugs.
• Equipment used in the manufacturing of drugs or counterfeit bills.
• Illegal drugs and firearms.
• Proceeds from illegal drug sales or other illegal activities.
• Real property acquired through a pattern of criminal activity.

Before the government can legally forfeit property in these cases, you typically have to be convicted of a crime related to the property, and the government has to comply with certain procedural rules. However, the police can seize your property before a criminal conviction. Usually, agents of forfeiture can be very careless and seize items that are:

• Falsely claimed to be the suspect’s belongings or
• Discovered close to the suspect’s land; however, it is an innocent person’s property.

Types of Property Subject to Forfeiture

California’s asset forfeiture laws allow police officers and prosecutors to seize most types of property. This can include: 

• a weapon such as a gun that is involved in an assault with a deadly weapon case,
• telecommunications or computer equipment used to commit a computer crime, 
• raw materials, 
• animals if you are convicted of animal abuse and cruelty, 
• vehicles used to commit a crime, 
• boats and planes, 
• machines used to break the law, 
• illegal drugs or machinery, 
• land or buildings used to manufacture those drugs, 
• and any personal or real property interest acquired through a pattern of criminal profiteering activity. 

Asset Forfeiture in Legal Cases

In drug cases, you generally must be convicted of an “underlying or related criminal action” before the government can forfeit your boat, airplane, or vehicle, money or securities worth up to $40,000, and any real estate (buildings and lands). There are exceptions to this rule, namely:

• If a defendant does not appear for their case, no conviction is required to forfeit property related to drugs, but the government must still demonstrate the property’s connection to the crime.
• For cash or securities over $40,000, a conviction is not required, but the government must prove the funds were tied to drug transactions.

Regarding organized crime cases, for the police to forfeit property, there has to be a conviction for a crime where there was a pattern of criminal behavior done for financial gain. A pattern means that you committed two or more connected crimes. These cases include child pornography, extortion, and receiving stolen property, for instance.

Forfeiture Procedures

The government must follow specific procedures for forfeiture related to drug offenses, which include:

• Summary forfeiture: Allows the government to forfeit certain drugs without any procedure.
• Administrative forfeiture: Required for personal property worth less than $25,000. The police must provide public notice with details about the property and instructions for challenging the forfeiture. If unchallenged after 30 days, the property can be sold. If challenged, the case proceeds to court.
• Judicial procedures: Necessary when someone challenges the seizure of property under $25,000 in value or when assets worth over $25,000 are seized. A civil trial is required before forfeiture can occur.

For property connected with allegations of organized crime, a conviction for a crime involving a pattern of two or more related crimes is required.

In order for the government to lawfully seize property in situations involving organized crime, the prosecutor must:

• submit a petition to the judge,
• notify everyone who has a stake in the property’s ownership,
• and (in certain situations) post a notice about the property in a local newspaper.

The prosecutor has 30 days from the date of the notice to contest the forfeiture if you have a claim to the property. If the prosecutor can show beyond a reasonable doubt that the property is liable to forfeiture, the court will next hold a hearing and approve the forfeiture.

If the court eventually rules against forfeiture and orders that your property be returned to you and that the legal title be cleared, you will no longer be able to use it or maintain control over it.

Forfeiture Process

To gain control over your property allegedly connected to criminal activity, forfeiture agents will typically: 

• take physical possession of your personal property, 
• order banks or brokers to hold your accounts so that you cannot withdraw any money and 
• record notices of forfeiture on your real estate to keep you from selling, transferring, or mortgaging it. 

One prominent example is the UC Berkeley hotdog case back in 2017. In this case, a UC Berkeley police officer ticketed a hot dog vendor for selling food without a permit and then took his money from his wallet as evidence. The vendor and a witness who recorded the video protested the officer’s actions, saying they were unfair and unjust. Eventually, the case raises questions about the legalities of asset forfeiture, and the rights of vendors, police, and the university.

Moreover, you can gain more insight into this case from Attorney Ugo Lord’s perspective here.

Thus, if you come across asset forfeiture, it is advisable to find a competent lawyer to challenge the government or to plead your case at a forfeiture hearing. Asset forfeiture laws and proceedings are often complicated. And, often, government agents may fail to follow the right processes, which can be used to defend your assets and rights.

In Summary

As California’s asset forfeiture laws have proved instrumental in efforts to break up criminal networks and disrupt illegal activities, they have also helped to catalyze an important conversation about due process and the potential for governmental overreach. Senate Bill 443 is one intervention that has been put in place by California to ensure that the laws are applied judiciously, protecting citizens from loss of property unjustly, but upholding the reality of justice.

The ultimate objective is to strike a reasonable balance that empowers police to effectively target criminal functionality while preserving the constitutional rights of individual Californians. For Californians, staying informed about these laws and understanding their rights within this legal framework is an essential aspect of navigating the complexities of asset forfeiture.