Forfeiture Laws, the War on Drugs, and Alvarez v. Smith | Ilya Somin | Cato Institute: Commentary

Forfeiture Laws, the War on Drugs, and Alvarez v. Smith | Ilya Somin | Cato Institute: Commentary: "The Illinois Drug Asset Forfeiture Procedure Act (DAFPA) allows the police to seize property that may have been involved in a drug-related crime and hold onto it for up to 187 days without any kind of legal hearing. This rule applies even to property owned by completely innocent persons who simply had their possessions caught up in a drug investigation through no fault of their own – for example, if someone else used their car to transport illegal drugs without their knowledge. The three car owners involved in Alvarez were never even charged with a crime, much less convicted. Under DAFPA, the authorities also don't have to prove that keeping innocent owners' property is necessary in order to prevent the loss of valuable evidence."