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Asset Forfeiture in Illinois

by | Nov 27, 2016

Asset Forfeiture in Illinois

by | Nov 27, 2016

Most people expect Illinois law enforcement to defend the private property of Illinois residents. As long as you obey the law, your life, liberty and property should be secure from the law – or so common sense would suggest.

Yet, every year, Illinois law enforcement agencies take tens of millions of dollars in cash, vehicles, land and other assets from state residents – in some cases without bringing criminal charges, let alone obtaining convictions, against property owners. Asset forfeiture laws, which allow the confiscation of private assets suspected of involvement in illegal activity, have been subject to abuse – and have produced large payouts for law enforcement. Since 2005, Illinois has pocketed more than $319 million from private citizens throughout the state.[1] Federal law enforcement took in more than $404 million in Illinois over the same time period.[2]

While forfeiture is lucrative for law enforcement, it can be devastating to the people from whom property is taken. Motor vehicles, because of their high value, have become particularly popular targets of seizures. But losing a vehicle even temporarily can precipitate a cascade of negative consequences in a person’s life, including the inability to maintain employment or even to attend court proceedings to try to reclaim the seized property. This practice can exacerbate impoverishment and harm the person’s innocent children and family members.

Exactly how much is gained by Illinois law enforcement through asset forfeiture, and which agencies are responsible for the bulk of asset seizures? And what can be done to ensure property owners face a fair, efficient and equitable process when their property is seized?

Read the full report at the Illinois Policy Institute.

Ben Ruddell and Bryant Jackson-Green

Ben Ruddell and Bryant Jackson-Green

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