Ronald D. Rotunda, a law professor at Chapman University Fowler School of Law, has a column criticizing over $64 million in civil forfeitures in Philadelphia when police have seized property during criminal investigations. At issue are people who have had their property seized even though they were not the ones charged with a crime. For one thing, property owners, "not the government, have the burden of proving that they are innocent owners." For another thing, he suggests that the Philadelphia District Attorney's Office is incentivized to pursue forfeitures because it is "almost as if the D.A. works under a contingent fee arrangement. For years, the DA’s Office has had a written sharing agreement with the Philadelphia Police Department that governs splitting forfeiture proceeds between the two agencies." He notes an economic experiment "showed that civil forfeiture laws encourage law enforcement to seize property instead of fighting other crimes, leading to systematic abuse."
A proposed class action has been filed to challenge civil forfeiture in Philadelphia, the Daily News reported last month.
Lawyer and Legal Journalist
