A Geek With Guns

Chronicling the depravities of the State.

How Civil Asset Forfeiture Reduces Economic Mobility

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Believers in the American dream still talk about how people who had nothing managed to pull themselves up by their bootlaces and make it big. Proponents of socialism point out that such economic mobility almost never happens. Are believers in the American dream right? Can somebody from poverty elevate themselves to the middle class or higher? Are the socialist right? Is such economic mobility a pipe dream? They’re both correct.

In a free market and where property rights are recognized it is certainly possible for a person to elevate themselves from poverty to a comfortable or even luxurious life. However, such mobility seldom happens this day an age. Where both parties get things wrong is believing that the United States has a free market and property rights.

There is no free market in the United States and there sure as the fuck isn’t a concept of property rights:

Asset forfeiture primarily targets the poor. Most forfeitures are for small amounts: in 2012, the Institute for Justice, a libertarian law firm that has focused heavily on asset forfeiture, analyzed forfeiture in 10 states and found that the median value of assets seized ranged from $451 (Minnesota) to $2,048 (Utah). Given that law enforcement routinely take everything they find in a forfeiture case, these small values suggest the relative poverty of the victims.

The procedural hurdles for challenging asset forfeiture also mean that poor people are less able to get their money back. The average forfeiture challenge requires four weekdays in court; missing four days of work can be a prohibitive expense for Americans living paycheck to paycheck. Additionally, claims are challenged in civil court, where the right to counsel doesn’t apply, meaning that claimants need to hire their own lawyer.

Asset forfeiture is especially dangerous for the unbanked, because police and federal agents consider high amounts of cash to be suspect. In 2013, half of all households with incomes of less than $15,000 were either unbanked or underbanked. In a report on non-criminal asset forfeiture, the Center for American Progress argues that “low-income individuals and communities of color are hit hardest” by forfeiture.

Civil asset forfeiture allows the State to seize your property if one of its law enforcers accuses you of a drug crime or affiliation with terrorism. The only time proof comes into play with civil asset forfeiture is when the accused party has to prove that the officer’s accusation was incorrect, which is nearly impossible to do under ideal circumstances. However, as the article notes, poor individuals aren’t operating under ideal circumstances. Many of them cannot afford to take several days off of work to plead their case in court. This makes them prime targets for civil asset forfeiture because law enforcers know that they chances of the property being returned to its rightful owner is practically zero.

As I noted, economic mobility requires property rights because you have to be able to keep what wealth you acquire. If you’re able to scrape together some capital to start a side business but then have that capital stolen, your ability to elevating yourself economically through entrepreneurship is also stolen.

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