The injustice of "policing for profit" -- and how to end it
-
0:01 - 0:04Picture yourself driving
down the road tomorrow, -
0:04 - 0:08heading somewhere to buy an item
you found on Craigslist, -
0:09 - 0:13perhaps a nice mountain bike
for 3,000 dollars. -
0:13 - 0:16At that price, it's probably
one of those bikes -
0:16 - 0:17with a little electric motor on it --
-
0:17 - 0:18(Laughter)
-
0:19 - 0:21maybe some streamers from the handlebars.
-
0:21 - 0:22(Laughter)
-
0:22 - 0:25The seller has declared this
a cash-only deal, -
0:25 - 0:29so you have, in the console
of your car, 3,000 dollars. -
0:29 - 0:32Suddenly, you are pulled over.
-
0:33 - 0:35During the stop, the officer asks,
-
0:35 - 0:41"Do you have any drugs, weapons
or large amounts of cash in your car?" -
0:42 - 0:44You truthfully answer, "Yes,"
-
0:44 - 0:46not to the drugs or to the weapons,
-
0:46 - 0:47but to the cash.
-
0:48 - 0:51In the blink of an eye,
you are ordered out of your car. -
0:52 - 0:55The officer searches it
and finds your cash. -
0:56 - 0:58On the spot, he seizes it,
-
0:58 - 1:02and he says he suspects
it's part of a drug crime. -
1:02 - 1:03A few days later,
-
1:03 - 1:07the local district attorney files
paperwork to keep your money -- -
1:07 - 1:09permanently.
-
1:09 - 1:10And all of this happens
-
1:10 - 1:14without you ever being charged
or convicted of any crime. -
1:15 - 1:17Now, you might be saying,
-
1:17 - 1:20"Ah, this would never happen
in the United States." -
1:20 - 1:24(Laughter)
-
1:24 - 1:28Incidents like this occur
every day in our country. -
1:28 - 1:31It's one of the most significant threats
to your property rights -
1:31 - 1:33most people have never even heard of.
-
1:33 - 1:36It's called "civil forfeiture."
-
1:37 - 1:40Most of you are generally aware
of criminal forfeiture, -
1:40 - 1:43although the term itself
might be a little unfamiliar, -
1:43 - 1:44so let's begin with forfeiture.
-
1:45 - 1:48When we forfeit something,
we give up that thing, -
1:48 - 1:49or we're forced to give it up.
-
1:50 - 1:52In criminal forfeiture,
-
1:52 - 1:55someone is charged
and convicted of a crime, -
1:55 - 1:59and therefore, they have to give up
property related to that crime. -
1:59 - 2:04For example, suppose you use your car
to transport and deal drugs. -
2:04 - 2:07You're caught and convicted;
-
2:07 - 2:10now you have to give up
or forfeit your car -
2:10 - 2:11as part of the sentencing.
-
2:12 - 2:14That's criminal forfeiture.
-
2:15 - 2:20But in civil forfeiture,
no person is charged with a crime -- -
2:21 - 2:25the property is charged
and convicted of a crime. -
2:25 - 2:26(Laughter)
-
2:26 - 2:28You heard that correctly:
-
2:28 - 2:33the government actually convicts
an inanimate object with a crime. -
2:34 - 2:37It's as if that thing itself
committed the crime. -
2:37 - 2:42That's why civil forfeiture cases
have these really peculiar names, -
2:42 - 2:48like, "The United States of America
v. One 1990 Ford Thunderbird." -
2:48 - 2:49(Laughter)
-
2:50 - 2:55Or "The State of Oklahoma
v. 53,234 Dollars in Cash." -
2:55 - 2:56(Laughter)
-
2:56 - 2:58Or my personal favorite:
-
2:58 - 3:02"The United States of America
v. One Solid Gold Object -
3:02 - 3:04in the Form of a Rooster."
-
3:04 - 3:07(Laughter)
-
3:08 - 3:09Now, you're thinking:
-
3:09 - 3:11How does something like this happen?
-
3:12 - 3:15That's exactly what I said when
I first learned about civil forfeiture -
3:15 - 3:18while on a road trip with my wife.
-
3:18 - 3:20No, we did not get pulled over.
-
3:20 - 3:21(Laughter)
-
3:21 - 3:23I was reading about
the history of civil forfeiture -
3:23 - 3:27as part of my work as a research
director at the law firm, -
3:27 - 3:29and I came across
one of the cases I just mentioned, -
3:30 - 3:33"The United States of America
v. One 1990 Ford Thunderbird." -
3:34 - 3:38In that case, Carol Thomas
loaned her car to her son. -
3:39 - 3:43While in the car, her son committed
a minor drug crime. -
3:44 - 3:46Carol didn't commit any crime,
-
3:46 - 3:50so law enforcement couldn't
convict her and take the car, -
3:50 - 3:53but they could -- and did --
-
3:53 - 3:58use civil forfeiture
to "convict the car" and take it. -
3:59 - 4:02Carol was completely innocent,
but she lost her car nonetheless. -
4:02 - 4:03In other words,
-
4:03 - 4:07she was punished for a crime
she did not commit. -
4:08 - 4:11When I read this, I was gobsmacked.
-
4:12 - 4:14How could this occur?
-
4:14 - 4:16How is this even legal?
-
4:17 - 4:20It turns out, it began in our country
with maritime law. -
4:20 - 4:23Early in our republic, the government
sought to fight piracy -- -
4:23 - 4:25yes, actual pirates.
-
4:26 - 4:29The problem was the government
often couldn't catch the pirates, -
4:29 - 4:33so instead it used civil forfeiture
to convict the pirates' property -
4:33 - 4:34and take it,
-
4:34 - 4:37and therefore deny the pirates
their illegal profits. -
4:38 - 4:41Of course, the government could've simply
taken and kept the booty -
4:41 - 4:44without necessarily
using civil forfeiture, -
4:44 - 4:45but doing so would have violated
-
4:45 - 4:49our most basic due process
and property rights. -
4:50 - 4:54Now, the government rarely used
civil forfeiture until the 1980s -
4:54 - 4:57and the war on drugs.
-
4:59 - 5:03We expanded civil forfeiture law
to cover drug crimes -
5:03 - 5:05and then later, other types of crime.
-
5:05 - 5:09Canada and the European Union
adopted similar provisions -
5:09 - 5:14so that now all kinds of people
are ensnared in the forfeiture web, -
5:14 - 5:17people like Russ Caswell.
-
5:18 - 5:23Russ Caswell owned a small budget motel
in Tewksbury, Massachusetts. -
5:23 - 5:28His father built the motel in 1955,
and Russ took it over in the 1980s. -
5:29 - 5:32During the years
that Russ owned the motel, -
5:32 - 5:35from time to time,
people would rent rooms, -
5:35 - 5:37and they would commit drug crimes.
-
5:38 - 5:40Russ didn't condone the activities --
-
5:40 - 5:43in fact, whenever he found out about it,
he would immediately call police. -
5:44 - 5:47Russ was entirely innocent of any crime,
-
5:47 - 5:52but that did not stop the US Department
of Justice from seizing his motel -
5:52 - 5:55simply because other people
committed crimes there. -
5:56 - 5:58But Russ's case was not alone.
-
5:59 - 6:02Between 1997 and 2016,
-
6:02 - 6:09the US Department of Justice
took more than 635,000 properties. -
6:10 - 6:11This means each year,
-
6:11 - 6:14tens of thousands of people
lose their properties -
6:14 - 6:17in cases in which they're never charged
or convicted of any crime. -
6:17 - 6:22And we're not necessarily talking about
major drug kingpins -
6:22 - 6:25or headline-grabbing financial fraudsters
-
6:25 - 6:29whose cases involve hundreds of thousands
if not millions of dollars. -
6:29 - 6:33Many of these seizures and forfeitures
involve just everyday people -
6:33 - 6:34like Russ Caswell
-
6:34 - 6:36or you
-
6:36 - 6:37or me.
-
6:37 - 6:39But it gets worse.
-
6:40 - 6:41Are you wondering:
-
6:41 - 6:44Where does all this cash
and property end up? -
6:46 - 6:48In most places, law enforcement keeps it.
-
6:49 - 6:52And they use it to buy equipment
-
6:52 - 6:54or pay for building repairs
-
6:54 - 6:57or even pay salaries and overtime.
-
6:58 - 7:00This is a clear conflict of interest.
-
7:01 - 7:05It creates a perverse profit incentive
that can distort law enforcement. -
7:05 - 7:09And this is a problem that's not lost
on those in law enforcement, either. -
7:10 - 7:13Former chief of police in Rochester,
Minnesota, Roger Peterson, -
7:13 - 7:16described the choice
that police officers often face. -
7:17 - 7:18As he described it:
-
7:18 - 7:20suppose I'm a police officer,
-
7:20 - 7:22and I see a drug deal.
-
7:23 - 7:24Now I face a choice:
-
7:25 - 7:31Do I go after the buyer
and remove from the street illegal drugs, -
7:31 - 7:34or do I go after the seller
-
7:34 - 7:38and get cash for my agency to use?
-
7:38 - 7:42So it's easy to see why
a police officer might go for the cash. -
7:43 - 7:45It was just such a circumstance
-
7:45 - 7:50that compelled police officers
in Philadelphia to seize an entire house. -
7:51 - 7:58In 2014, Chris and Markela Sourovelis' son
sold 40 dollars worth of drugs -
7:58 - 8:00down the street from their house.
-
8:01 - 8:04Forty dollars.
-
8:05 - 8:07The police watched the deal go down.
-
8:08 - 8:12They could've arrested the buyer
and confiscated the drugs, -
8:12 - 8:13but they didn't.
-
8:14 - 8:16They could've arrested
the Sourovelises' son -
8:16 - 8:17right there on the street
-
8:17 - 8:19and grabbed 40 dollars.
-
8:20 - 8:21But they didn't.
-
8:22 - 8:24They waited to arrest him at home,
-
8:24 - 8:27because then they could seize
their entire house. -
8:29 - 8:32The house was worth 350,000 dollars.
-
8:33 - 8:36That is what I mean
by a perverse profit incentive. -
8:38 - 8:41But the Sourovelises' case was no outlier.
-
8:42 - 8:45Philadelphia, the "City
of Brotherly Love," -
8:45 - 8:46the "Athens of America,"
-
8:46 - 8:49the "Cradle of Liberty,"
birthplace to the Constitution, -
8:49 - 8:52home to the Liberty Bell
and Independence Hall, -
8:52 - 8:53the "City that Loves you Back" --
-
8:54 - 8:55(Laughter)
-
8:56 - 9:00that Philadelphia was running
a forfeiture machine. -
9:01 - 9:05Between 2002 and 2016,
-
9:05 - 9:10Philadelphia took more than 77 million
dollars through forfeiture, -
9:10 - 9:14including 1,200 homes.
-
9:15 - 9:18Cars, jewelry, electronics --
all of it they sold, -
9:18 - 9:20the proceeds they kept.
-
9:20 - 9:22And they would have
kept right on doing it, -
9:22 - 9:24had it not been
for a class-action lawsuit -- -
9:24 - 9:27our team's class-action lawsuit --
-
9:27 - 9:33(Applause and cheers)
-
9:36 - 9:37Thank you.
-
9:37 - 9:39We forced them to change
their forfeiture practices -
9:39 - 9:42and to compensate victims.
-
9:42 - 9:47(Applause and cheers)
-
9:48 - 9:52When our team first began
researching forfeiture in 2007, -
9:52 - 9:55we had no idea how much
forfeiture revenue there was. -
9:55 - 9:57In fact, no one knew.
-
9:57 - 10:01It wasn't until our groundbreaking study,
"Policing for Profit," -
10:01 - 10:05that we found federal law
enforcement agencies have taken in -
10:05 - 10:08almost 40 billion dollars --
-
10:08 - 10:10billion with a B --
-
10:10 - 10:12since 2001,
-
10:13 - 10:17more than 80 percent of that
through civil forfeiture. -
10:18 - 10:20Unfortunately, we have no idea
-
10:20 - 10:22how much state and local
agencies have taken in, -
10:22 - 10:25because in many states,
they don't have to report it. -
10:27 - 10:29So until we reform forfeiture,
-
10:29 - 10:32we'll never know how much
forfeiture activity actually occurs -
10:32 - 10:34in the United States.
-
10:34 - 10:37And we desperately need reform.
-
10:37 - 10:41Legislatures should abolish
civil forfeiture -
10:41 - 10:43and replace it with criminal forfeiture.
-
10:44 - 10:47And all forfeiture proceeds
should go to a neutral fund -
10:47 - 10:49such as a general fund.
-
10:50 - 10:54When forfeiture proceeds stop hitting
law enforcement budgets directly, -
10:54 - 10:57that is when we will end
policing for profit. -
10:58 - 11:04(Applause)
-
11:05 - 11:07Now, as you can imagine,
-
11:08 - 11:12law enforcement officials
don't love these recommendations. -
11:12 - 11:13(Laughter)
-
11:13 - 11:16They stand to lose a lot of money,
-
11:16 - 11:21and they believe civil forfeiture
is an effective crime-fighting tool. -
11:21 - 11:23The trouble is,
-
11:23 - 11:24it's not.
-
11:25 - 11:27In June 2019, we released a study
-
11:27 - 11:31that found forfeiture does not
improve crime-fighting. -
11:32 - 11:34And the report also found
-
11:34 - 11:37that law enforcement agencies
pursue more forfeiture money -
11:37 - 11:39during economic downturns.
-
11:40 - 11:43So when city and county budgets are tight,
-
11:43 - 11:47law enforcement will use forfeiture
to find the money. -
11:47 - 11:48So it's no wonder, then,
-
11:48 - 11:53that law enforcement officials
predict a criminal apocalypse -- -
11:53 - 11:54(Laughter)
-
11:54 - 11:56if these reforms are adopted.
-
11:57 - 11:59But some states have
already implemented them, -
11:59 - 12:02and we're pushing for reform
all across the country, -
12:02 - 12:06because until we reform forfeiture,
-
12:06 - 12:08this is something that could
happen to any of us. -
12:09 - 12:11It can happen in the United States,
-
12:11 - 12:13it can happen in the United Kingdom,
-
12:13 - 12:16it can happen in countries
throughout the European Union -
12:16 - 12:17and beyond.
-
12:17 - 12:21People like you and me
and the Sourovelises and Russ Caswell, -
12:21 - 12:24just doing the everyday stuff of life,
-
12:24 - 12:28can be caught in a scheme
we never thought possible. -
12:29 - 12:33It is time we end policing for profit
-
12:33 - 12:35once and for all.
-
12:35 - 12:36Thank you.
-
12:36 - 12:40(Applause and cheers)
- Title:
- The injustice of "policing for profit" -- and how to end it
- Speaker:
- Dick M. Carpenter II
- Description:
-
Many countries have an active, centuries-old law that allows government agencies to take your things -- your house, your car, your business -- without ever convicting you of a crime. Law researcher Dick M. Carpenter II exposes how this practice of civil forfeiture threatens your rights and creates a huge monetary incentive for law enforcement to pocket your possessions -- and he lays out a path to end "policing for profit" once and for all.
- Video Language:
- English
- Team:
- closed TED
- Project:
- TEDTalks
- Duration:
- 12:54
Erin Gregory edited English subtitles for The injustice of "policing for profit" -- and how to end it | ||
Erin Gregory edited English subtitles for The injustice of "policing for profit" -- and how to end it | ||
Erin Gregory approved English subtitles for The injustice of "policing for profit" -- and how to end it | ||
Erin Gregory edited English subtitles for The injustice of "policing for profit" -- and how to end it | ||
Camille Martínez accepted English subtitles for The injustice of "policing for profit" -- and how to end it | ||
Camille Martínez edited English subtitles for The injustice of "policing for profit" -- and how to end it | ||
Camille Martínez edited English subtitles for The injustice of "policing for profit" -- and how to end it | ||
Leslie Gauthier edited English subtitles for The injustice of "policing for profit" -- and how to end it |