OCPA & OPI: OK’s Forfeiture Laws Are In Need Of Reform
Think tank reps: Oklahoma’s forfeiture laws are in need of reform
BY TRENT ENGLAND AND GENE PERRY
The Fourth Amendment protects Americans from unreasonable searches and seizures, while the Fifth Amendment requires due process and just compensation for property taken by the government for public use. So, how did we get to a point in history where government is seizing personal property with no compensation and little to no evidence of a crime?
This upside-down process is called “civil asset forfeiture” and it certainly does not line up with our nation’s constitutional ideals. Property is seized by government officials supposedly because it’s connected to criminal activity. Yet many seizures are not accompanied by a conviction, or even the filing of charges.
Law enforcement agencies at all levels of government have used civil asset forfeiture for years, but the recent economic downturn seems to have caused many agencies to turn to forfeiture funds to balance their budgets. This profit motive distorts law enforcement decision-making, leading to the victimization of innocent Oklahomans.
To be deprived of your life or liberty, you must be found guilty of a crime “beyond a reasonable doubt.” But to be deprived of your property under civil asset forfeiture, the government only needs to establish that a “preponderance of the evidence” points to your property’s guilt. This lower threshold places the burden on the property owner to prove the property isn’t connected to criminal activity. We find this unacceptable.