Authored by Connor Boyack, President
Utah voters passed Initiative B in 2000 to protect property rights and due process by limiting the government’s authority to take ownership of a person’s property. Ever since then, police and prosecutors have attempted to undermine the expressed will of the voters.
Civil asset forfeiture allows the government to confiscate property from an individual who may not even be charged with a crime. This power has been abused around the nation, including in Utah.
Contrary to claims that this legal tool is used to go after drug kingpins and crime syndicates, 74% of forfeiture cases in Utah involve under $5,000 in assets. This low amount enables the government to easily take the property; a person whose small amount of cash was taken is unlikely to pay an attorney thousands of dollars to recover it.
Critics are correct to point out that civil asset forfeiture is legalized theft. At a minimum, it is a law in dire need of substantive reform.