How police took $53,000 from a Christian band, an orphanage and a church
Be safe and smart out hereWhat happened to Eh Wah is known as civil asset forfeiture. It comes from a relatively obscure corner of the law that allows authorities to seize cash and property from people they suspect of a crime. In most states, and under federal law, authorities get to keep the proceeds regardless of whether the person is ever convicted, or even charged, with criminal wrongdoing.
Under civil forfeiture, the burden of proof is on the property owner to prove their innocence to get their stuff back. This turns the common criminal-law principle on its head: When it comes to civil forfeiture, you are guilty until proven innocent.
Two years ago a wide-ranging Washington Post investigation shined a spotlight on the practice, finding that, since Sept. 11, 2001, more than $2.5 billion in cash seizures had occurredon the nation's highways without either a search warrant or an indictment. Those findings prompted some limited steps toward reform at the federal level.
But the forfeitures uncovered by The Post investigation, and the reforms taken to limit them, happened under the auspices of federal law. There is a completely different universe of forfeiture activity that happens strictly under state law.
Oklahoma has some of the most permissive forfeiture laws in the nation, according to a 2015 report by the Institute for Justice, a civil liberties law firm. The group gave the state a D-minus on its civil forfeiture laws, citing no conviction required to forfeit, poor protections for innocent property owners and a statute that allows up to 100 percent of forfeiture proceeds to go directly back to law enforcement, creating a possible profit motive.