COLUMBIA, SC – When is theft legal? When it’s done by law enforcement. This week, the South Carolina Supreme Court overturned a 2019 ruling by the 15th circuit court which had determined that civil forfeiture was unconstitutional. In an appeal to the state Supreme Court, prosecutors (who receive 20% of forfeiture revenue) argued the legitimacy of seizing property used in criminal activity. Except nearly 40% of the forfeitures in South Carolina were from citizens who were never charged with a crime (source).
“Civil Asset Forfeiture is a gross exaggeration of authority and blatant disregard for the private property and civil rights of the people,” said Casey Crowe, State Chair, South Carolina Libertarian Party.
The injustice of corrupt civil asset forfeiture is a poorly-kept secret (source):
- 70% of forfeiture cases wherein citizens petitioned to get their property restored defaulted to the agencies keeping the property
- Over half of the cash seizures were for less than $1,000
- One third were for less than $500
- The vast majority (71%) were Black citizens despite making up just 27% of the population as a whole.
“The approval and continuation of Civil Asset Forfeiture laws create the incentive, power, and absence of accountability to turn law enforcement personnel into little more than modern-day pirates going from person to person, seeking hidden treasure to take by force,” Crowe continued. “It’s state-authorized highway robbery, giving victims little to no recourse to recover their stolen property.”
The South Carolina Libertarian Party calls upon the General Assembly to immediately take up legislative action to protect citizens from predatory law enforcement measures. In following with the Commission on Civil Rights’ suggestions (source), the SCLP expects lawmakers to: limit seizures to admissible evidence, enact a fair and transparent process that upholds due process and abides by the Eighth Amendment excessive fines clause, and put the burden of proof on the government, not the citizen, for returning seized property.
“Property rights, privacy from government intrusion, and protection from unlawful search and seizure are the cornerstones of the United States system of government. They’re worth fighting for, and libertarians won’t stop until this unjust and immoral practice is outlawed once and for good in South Carolina,” said Crowe.
The Libertarian Party is committed to America’s heritage of freedom: individual liberty and personal responsibility, a free-market economy of abundance and prosperity, a foreign policy of non-intervention, peace and free trade. To reach the South Carolina Libertarian Party for interviews or official comment, email chair@sclp.org