Law Enforcement Use of Waivers and Contracts to Avoid Courts for Forfeitures

"In a growing and disturbing trend among state and local police, some law enforcement agencies now use contracts and waivers to obtain property, a practice that permits them to avoid forfeiture proceedings altogether. Generally, owners waive any interest in their property in exchange for the agency’s promise not to pursue criminal charges. This practice raises several concerns, the most serious of which is its complete disregard for the procedural guarantees current forfeiture legislation provides."

Source: 

Moores, Eric, "Reforming the Civil Asset Forfeiture Reform Act," Arizona Law Review (Tuscon, AZ: The University of Arizona, James E. Rogers College of Law, 2009) Volume 51, Issue 3, p. 795.
http://www.arizonalawreview.or...

Subject: 
Region: