Glossary

Civil asset forfeiture

A legal process by which government seizes property it alleges is connected to a crime, without necessarily charging or convicting the owner.

Also called: asset forfeiture, civil forfeiture, policing for profit

Civil asset forfeiture is a legal procedure in which law enforcement agencies seize cash, vehicles, homes and other property that they claim was used in or derived from criminal activity. The proceeding is brought against the property itself, "United States v. $124,700 in U.S. Currency," in a civil case, so the owner need not be charged with or convicted of a crime.

The practice grew with the war on drugs and laws such as the Comprehensive Crime Control Act of 1984, which allowed agencies to keep proceeds, creating a financial incentive. Governments must prove a connection by a "preponderance of the evidence," a lower standard than in criminal cases, and in many places owners bear the burden to show their property is innocent. In Timbs v. Indiana (2019), the Supreme Court applied the Excessive Fines Clause to the states.

Supporters argue that it takes the profits from criminals, disrupts organizations and funds law enforcement. Critics across the spectrum, including libertarian groups such as the Institute for Justice and civil-liberties organizations, argue that it violates due process and property rights, "polices for profit" and falls most heavily on poor people who cannot afford to contest seizures. It implicates the Takings Clause and procedural due process.

Last reviewed November 8, 2026

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Related terms

Exclusionary rule The rule that evidence obtained through an unconstitutional search or seizure generally cannot be used against a defendant at trial. Mandatory minimum sentence A law setting a minimum prison term that a judge must impose for a specific crime, regardless of circumstances. Procedural due process The constitutional requirement that government use fair procedures, such as notice and a hearing, before depriving a person of life, liberty or property. Takings Clause The Fifth Amendment provision that private property may not be taken for public use without just compensation. Qualified immunity A judge-made doctrine shielding government officials from personal damages liability unless they violated clearly established law.