Expert: Michael Troy - 3/21/2009

Question
In Michigan, a man was arrested for soliciting a prostitute and his vehicle was impounded.  The wife tried to take the issue to court and say that it was morally wrong to take the vehicle when it was in her name and she knew nothing of what was going on, and why is she getting punished for his doing.

Answer
The argument behind civil forfeiture is that the item used in the crime, in this case the care, is what becomes the target of the forfeiture.  The actual owner is irrelevant.  The government is merely removing an item that is being used in a crime.

The justification goes back to a very old Supreme Court case involving seizure of sailing ships used in smuggling.  Personally, I think civil forfeiture is immoral, unjust, and unconstitutional as well, but the Supreme Court has found that it is constitutional.

- Mike