Police Seized Innocent People’s Property and Kept It for Years. What Will the Supreme Court Do?

July 12, 2023

Civil forfeiture is a highly unaccountable practice. The justices have the opportunity to make it a bit less so.

by Billy Binion Reason.com

Gerardo Serrano and Stephanie Wilson may have little in common. But there is at least one major tie that binds them: The government seized their vehicles, never charged either of them with a crime, and, most pertinently, made them wait years before resolving their cases.

It is not uncommon for victims of civil forfeiture—the practice that allows law enforcement to take people’s assets without having to prove the owner was guilty of a crime—to endure protracted delays before they have the opportunity to even step foot in a courtroom and defend themselves. The U.S. Supreme Court will soon hear Culley v. Attorney General of Alabama and decide if those who find themselves in that situation are entitled to a probable cause hearing after the seizure and, if so, how speedily it must happen.