In South Carolina, civil forfeiture targets black people’s money most of all, exclusive investigative data shows
This yielded a clear picture of what is happening: Police are systematically seizing cash and property — many times from people who aren’t guilty of a crime — netting millions of dollars each year. South Carolina law enforcement profits from this policing tactic: the bulk of the money ends up in its possession.
Officers gather in places like Spartanburg County for contests with trophies to see who can make the largest or most seizures during highway blitzes. They earn hats, mementos and free dinners, and agencies that participate take home a cut of the forfeiture proceeds.
That money adds up. Over three years, law enforcement agencies seized more than $17 million, our investigation shows.
“We’ve heard so many awful stories,” said Hilary Shelton, director of the NAACP’s Washington bureau. “Having cash makes you vulnerable to an illicit practice by a police organization.
“It’s a dirty little secret. It’s so consistent with the issue of how law enforcement functions. They say, ‘Oh yeah, we want to make sure that resources used for the trafficking of drugs are stopped’ … but many of the people they are taking money from are not drug traffickers or even users.”
“These types of civil asset forfeiture practices are going to put a heavier burden on lower-income people,” said Ngozi Ndulue, recently a national NAACP senior director, now working at the Death Penalty Information Center. “And when you add in racial disparities around policing and traffic stops and arrest and prosecution, we know this is going to have a disproportionate effect on black communities.”
• If you are white, you are twice as likely to get your money back than if you are black.
• Nearly one-fifth of people who had their assets seized weren't charged with a related crime. Out of more than 4,000 people hit with civil forfeiture over three years, 19 percent were never arrested. They may have left a police encounter without so much as a traffic ticket. But they also left without their cash.
Roughly the same number — nearly 800 people — were charged with a crime but not convicted.
Greenville attorney Jake Erwin said the overarching idea is that the money being seized is earnings from past drug sales, so it's fair game. “In theory, that makes a little bit of sense," he said. "The problem is that they don’t really have to prove that.”
In some states, the suspicions behind a civil forfeiture must be proven beyond a reasonable doubt in court, but there is no requirement of proof in South Carolina. When a forfeiture is contested, prosecutors only have to show a preponderance of evidence to keep seized goods.
Police don’t just seize cash.
Practically anything can be confiscated and sold at auction: jewelry, electronics, firearms, boats, RVs. In South Carolina, 95 percent of forfeiture revenue goes back to law enforcement. The rest is deposited into the state’s general fund.