New Study Revisits Civil Forfeiture Laws in Indiana
Indiana is among a small number of states that still has broad civil forfeiture laws that allow for a resident’s assets to be confiscated when they are allegedly connected to a criminal offense and that make it very difficult for the person whose assets were seized to get them back. Indeed, under IC 34-24-2-4, law enforcement officials in Indiana are permitted to seize a person’s property if they have a court order, as well as in situations where they do not have a court order when the “seizure is incident to a lawful arrest or search, or to an inspection under an administrative warrant.” One of the outcomes of this law is that Indiana residents who are never convicted of or even arrested for criminal offenses have their property seized by law enforcement officers, and many do not get it back.
For years, commentators have discussed the need for reform, citing problems and injustices associated with Indiana’s civil forfeiture laws. A recent study conducted by the Institute for Justice suggests that even more civil forfeiture seizures occur than are reported.
Civil Forfeitures Must Be Reported, But Research Suggests Many Go Unreported
According to the recent study conducted by research analysts at the Institute for Justice, although Indiana requires prosecutors to report all civil forfeiture cases, the data suggests that nearly 30 percent of civil forfeitures are not reported. As such, the data on civil forfeiture that is broadly available represent an underreporting of assets seized in connection with the state’s civil forfeiture laws. Between 2016 and 2021, the authors of the study found that almost 2,000 civil forfeiture cases were not reported, and the assets that went unreported totaled approximately $10 million.
If Indiana lawmakers are to engage in civil forfeiture reform efforts, the study suggests, they need to have a full and complete picture of the number of civil forfeiture cases that occur in the state, the total value of the assets seized, and detailed information about the parties who are able to reclaim their assets by contesting the seizure of their property.
Inaccuracies in Reporting May Also Occur
In addition to underreporting or nonreporting, the study also indicates that reported civil forfeiture cases frequently contain errors or inaccuracies. In particular, existing reports often suggest that individuals who contest the seizure of their property are rarely successful in reclaiming it, yet an analysis of the data reveals that many people who contest the seizure of their property are able to get some or all of it back.
In short, anyone who has had assets seized through Indiana’s civil forfeiture law should know that they have a good chance of winning their case or settling, and ultimately having some or all of their property returned.
Contact Our Indianapolis Civil Forfeiture Lawyers for Assistance Reclaiming Your Assets
If you had any of your assets seized incident to a search or an arrest, or even in connection with a court order, it is critical to seek help from a lawyer who can assist you in recovering your property. To be clear, you can fight civil forfeiture and attempt to get your property back, and one of the experienced Indianapolis civil forfeiture attorneys at Rigney Law LLC can assist you. Contact our firm today to learn about options for fighting civil forfeiture in Indiana and specific steps that you may be able to take to reclaim your assets.
Source:
law.justia.com/codes/indiana/2011/title34/article24/chapter1/