Wisconsin Gov. Scott Walker (R) signed into law a forfeiture reform bill last week that will require law enforcement officials to obtain a criminal conviction before permanently taking a person's cash or property, making Wisconsin the 15th state to do so.
The law is intended to address the controversial practice of civil asset forfeiture, a common legal maneuver that allows police to seize and keep cash, real estate and other property from people suspected of criminal activity, regardless of whether those people are convicted.
Defenders of civil forfeiture, including Attorney General Jeff Sessions, maintain that it's a valuable law enforcement tool that allows authorities to seize the ill-gotten gains of criminals who are difficult to apprehend and convict, such as the leaders of international drug cartels.
But the reality of forfeiture is often very different. A Washington Post investigation revealed that police officers routinely seize small amounts of cash during traffic stops under flimsy pretenses. Civil liberties groups have found that forfeiture actions tend to target minority neighborhoods and involve amounts of cash that are "pocket change."
In most states and at the federal level, authorities are allowed to keep whatever they seize from suspects, regardless of whether a criminal conviction is obtained or whether a charge is filed. Reform groups such as the Institute for Justice contend that this creates a profit motive that encourages law enforcement agencies to seize cash and property to pad their budgets.
