In recent decades, over 500,000 Americans have had their property seized by government agents on streets, highways, and at airports, even though they were never charged with any crime.
In fact, federal law enforcement seizes more property annually than all the robbers across the nation combined. This trend raises serious concerns about the violation of constitutional rights.
Nowadays, it seems any flimsy excuse suffices to undermine property rights. For instance, after the FBI unlawfully raided a safe deposit box in Beverly Hills in 2021, they justified the seizure by claiming that cash bundled with rubber bands indicated the owner was either a major drug dealer or involved in money laundering.
Additionally, one of the box holders had a vehicle tied to the investigation—specifically an Illinois license plate. An FBI agent noted that “Chicago is a key area for drug trafficking and money laundering.”
This has been highlighted by the Indiana Attorney General. A ruling by the U.S. Supreme Court in 2018 states that the government can seize vehicles exceeding the speed limit.
The Alaska Supreme Court responded with a somewhat sarcastic, “grab a beer!”
This year, the same court upheld the seizure of a $95,000 aircraft from a bush pilot who transported passengers and cargo to a dry village. The pilot lost his plane after state troopers found a six-pack of beer in a passenger’s luggage, which, to add insult to injury, turned out to be Bud Light.
The U.S. Supreme Court may eventually address this case.
Legal absurdities characterize forfeiture cases. For example, a Supreme Court ruling supported the confiscation of a Spanish pirate ship in the early 1800s, and similarly bizarre incidents abound in modern times. In one notable case, a Pontiac was taken from a woman whose husband was arrested for engaging in illegal activities in the front seat.
Fortunately, there are lawyers, activists, and filmmakers working against these injustices. A new documentary titled “When Cops Become Robbers” offers a poignant look at how such confiscations impact innocent individuals.
One example features Antonia Nwaoli, a 59-year-old nurse from Texas who lost $41,377 after Customs and Border Protection agents caught her without the required form to declare amounts over $10,000 when leaving the country.
In another case, Burmese band manager Yi Wah lost $33,000 at the hands of congressional members in Muskogee, Oklahoma. He had intended to send the money to a Christian university back home, but lawmakers unjustly suspected his cash was linked to drug activity.
These absurd situations were challenged by lawyer Dan Alban, known for his efforts against forfeiture abuse. He co-directs the Institute of Justice, which highlights how civil forfeiture allows law enforcement to seize property without crime charges. Alban expressed outrage at the government’s tactics, describing them as predatory.
Alban’s efforts span from Detroit to Wyoming and across airports in Pittsburgh to California’s freeways and beyond.
Another highlighted victim in the documentary is Mandrell Stewart, a restaurant owner in Virginia who had over $17,000 seized during a vehicle stop due to tints on his SUV windows and a video being played. Although he denied drug-related charges, the encounter left him in financial distress, prompting him to return to selling marijuana to support his family.
Court records indicate Stewart had previous drug-related arrests. The documentary’s portrayal of the incident is somewhat misleading, framing it as a nighttime encounter instead of the actual afternoon it occurred.
“When Cops Become Robbers” seeks to convey tragic narratives, but its execution can sometimes feel confusing. Some viewers noted a sense of disorientation after watching, with feedback suggesting that the presentation could be clearer.
One scene filmed at Seattle University showed a professor laboriously sticking up a poster detailing the confiscation process, but the camera never zoomed in for clarity. The filmmakers opted for a retro aesthetic with clunky graphics, which can be unengaging for modern viewers.
The film is available to watch online for free at fawesome.tv/movies/10737611/when-cops-become-robbers.
Sadly, the documentary misses mentioning how the Transportation Security Administration and Drug Enforcement Administration regularly seize cash from domestic travelers. Reports show that if agents find over $5,000, they deem it “suspicious.” Alban has brought attention to the alarming frequency of cash seizures affecting individuals who are simply traveling for personal or business purposes.
The DEA’s asset forfeiture program has an unofficial motto that suggests a predatory approach: “if you succeed, we take it.” According to an inspector general’s report, DEA agents attempt to justify seizing cash by framing “travel-free” as a benefit for drug traffickers, absurdly increasing the cost of not checking your luggage.
Supported by bipartisan lawmakers like Sens. Rand Paul (R-Ky.) and Cory Booker (D-N.J.), the proposed Fifth Amendment Integrity Restoration Act (FAIR) aims to amend forfeiture laws by requiring strong evidence before property seizures occur. It also seeks to eliminate the profit incentive for law enforcement agencies, which would considerably diminish the so-called “law enforcement-industrial complex.”
For over thirty years, this complex has obstructed genuine efforts to reduce law enforcement misconduct. The legitimacy of democracy faces a serious challenge when officials exploit absurd justifications to rob citizens. If politicians can’t protect their constituents from such predatory practices, perhaps it would be more honest to rephrase the Bill of Rights as “Good luck, you bastards!”
