Resource: Philadelphia Forfeiture

By: Institute for Justice

August 11, 2014

http://ij.org/case/philadelphia-forfeiture/

This website maintained by counsel for the plaintiffs contains detailed information and documents regarding the background and progress of the case.

Property owners who have their cash, cars or homes seized must go to Courtroom 478. But Courtroom 478 isn’t a courtroom at all: there is no judge or jury, just a scheduler and the prosecutors who run the show. Owners who ask for a lawyer are frequently told their case isn’t complicated and a lawyer isn’t necessary, but are then given a stack of complicated legal documents to fill out under oath. Time and time again, property owners must return to Courtroom 478—up to ten or more times in some cases. If they miss a single appearance, they can lose their property forever.

Philadelphia’s forfeiture machine stacks the deck against property owners and leads city officials to police for profit instead of justice. To end these unconscionable and unconstitutional practices, the Institute for Justice and a group of property owners have brought a major, class-action lawsuit in federal court. The lawsuit will take the profit incentive out of civil forfeiture and protect innocent people who are caught in an upside-down legal process that treats them like cash machines while violating their constitutional rights.