Eli5: What is civil asset forfeiture in usa?

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I just stumbled upon someone asking how much cash he can carry on himself without a risk of a police officer taking it away. Then when I scrolled through comments it sounded like a police officer can decide to take away your money and NEVER EVER give it back!

Is that actually true??? I mean, the idea that police officer can take your money if they decide you have “too much” on you is insane already. But even if so, there is no way you can’t then go to police station or something and get it back!

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25 Answers

Anonymous 0 Comments

I can’t speak for the whole country, because the law is state by state, but here in my state it’s really bad for the department if they seize non-illegal money. The bar is set pretty high and they basically only take money if it’s laying on top of a pile of drugs in the back seat of the car. They have so many hours to prove to a judge that the seizure of assets was legitimate or they have to return it. Lots of paperwork is involved and it’s a huge hassle.

There is one exception that applies more to paraphernalia than money. They will often ask, “is this yours?” Because a lot of criminals will simply say no. When you say no, they will assume it’s junk and take it to dispose of it. If you say yes, you are admitting you own potentially illegal goods.

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