Pennsylvania lags on forfeiture reforms as Philadelphia improves
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Pennsylvania remains among dozens of states with weak civil forfeiture protections, although Philadelphia has made some reforms to curtail widespread abuses, per the Institute for Justice.
Why it matters: Civil forfeiture — a process that allows law enforcement to seize homes, cars and, most often, cash suspected of being tied to criminal activity — remains big business nationwide, accounting for more than $82 billion in property seized since 2000, per IJ's latest Policing for Profit report.
- Five states — including neighboring New Jersey — accounted for nearly half of the roughly $300 million combined worth that was seized by states in 2023.
The big picture: People struggle to navigate a Byzantine legal system — often without a lawyer — making it difficult to challenge forfeitures and reclaim property, even when they're not involved in a crime.
- Seized proceeds nationwide often benefit law enforcement agencies, going to plug budget holes, pay for their salaries and fund the purchase of high-end vehicles, travel.
- Or, in one Ohio case, a clown named Sparkles.
- Complex, multistep processes and shifting deadlines can confuse property owners, meaning many cases never go before a judge.
- Civil forfeiture requires a lower burden of proof than criminal cases, making it easier for prosecutors to keep seized property.
- Often, the cost of hiring a lawyer exceeds the relatively small amounts of cash seized by law enforcement.
Driving the news: IJ assessed each state's forfeiture practices across several factors and assigned Pennsylvania an overall grade of D-, placing it among three dozen states, plus the federal government, that received a D+ or lower.
- Between 2000 and 2023, Pennsylvania has taken in about $585 million in state and federal forfeiture funds, even though it has banned so-called "adoptions" — a process in which state or local authorities hand cases over to federal agencies to bypass stricter state forfeiture laws.
By the numbers: Pennsylvania's median forfeiture case was valued at less than $1,000.
- Many cases, IJ says, result from overaggressive policing tactics, including warrantless searches during car stops.
The other side: Proponents argue that civil forfeiture can disrupt criminal enterprises, such as drug trafficking.
- Philly's police department did not respond to Axios' request for comment.
Zoom in: Philadelphia was once ground zero for similar types of abuses outlined in the report, with only about a quarter of cases that IJ studied involving people who were convicted of a crime, yet still had their property taken away.
- The city is now a shining example of how a commitment to reform can improve the system, IJ senior attorney Robert Frommer tells Axios.
- The institute brought a class-action lawsuit challenging Philadelphia's so-called "forfeiture machine," a case that led to a $3 million settlement compensating residents impacted by the city's forfeiture system, along with several reforms.
- Those changes included ending hearings in which prosecutors effectively acted as judges in deciding whether residents could get their property back, Frommer says.
Flash forward: District Attorney Larry Krasner, a progressive stalwart, has sought to rein in Philly's forfeiture practices, including tapping an outside firm to audit and distribute those proceeds to grassroots organizations that help prevent gun violence.
- Philadelphia had seized about $739,000 in fiscal year 2023-24, compared to $1.3 million in 2017-18, per the Attorney General's latest asset forfeiture report.
- Krasner's office did not respond to Axios' request for comment.
What they're saying: The improvements "took Philadelphia from being one of the worst cities in the nation for civil forfeiture to, if not the best, definitely I'd give it at least a 'B,'" Frommer says.
The bottom line: Forfeiture does little to reduce crime or improve public safety, the report finds.
1 bright spot: New Jersey, while still rated a D- overall, implemented many of IJ's reform recommendations and now has "one of the best forfeiture transparency laws in the country," per the report.