Frequently Searched

This Bill Would Stop Arizona from Seizing Property from Law-Abiding Citizens

May 21, 2020

May 21, 2020
By Jenna Bentley

Currently, it’s legal for the state of Arizona to take property away from citizens without a criminal conviction. But now, the Grand Canyon State is on the verge of passing an important law to protect Arizonans’ property and due process rights.

Yesterday, the state’s House Judiciary Committee passed SB 1556, which would reform civil asset forfeiture laws to bolster protection of Arizonans’ rights. Civil asset forfeiture was originally sold as a tool to go after large drug organizations. But how forfeiture was actually being used was shrouded in mystery because law enforcement had no obligation to disclose that information. In 2017, the Arizona Legislature unanimously passed reporting requirements—and those reports showed the need for further reforms.

Arizona law allows enforcement agencies to seize and forfeit property if they believe that the property was used in a crime, was going to be used in a crime, or is criminal proceeds. There is no requirement that the person who owns the property has to have been convicted of a crime for their property to be forfeited to the government forever. They do not need to even be in possession of the property when a crime does occur for it to be taken.

Even when a person who has had their property seized or forfeited is found to be innocent, under the current civil asset forfeiture laws there is no guarantee their property will be returned to them. In most cases, it never is.

People do not have the ability to challenge the seizure of their property or have their property returned before the end of the full litigation process. While the 2017 reforms took steps to make it easier for people to challenge the forfeiture, but that process is expensive, time-consuming, and (even if you have legal training) very complicated. In Arizona, 84% of seizures are for property valued under $10,000, which means in many instances, the fight to get your property back will cost more than the property is worth. 

Fortunately, SB 1556 seeks to ensure Arizonans’ rights are protected by:

  • Requiring a criminal conviction before a forfeiture can occur;
  • Creating a post-seizure hearing process to allow property owners to challenge the seizure of their property unless the individual is charged with a crime and the property is to be used as evidence; and
  • Protecting innocent third parties by shifting the burden of proof from the owner to the law enforcement agency to prove that the owner had knowledge of the criminal activity.

These simple reforms are needed now more than ever in the wake of the COVID-19 crisis and looming economic recession. Because funds from assets seized under civil asset forfeiture can be used by agencies, we have seen a perverse incentive to rely on these funds for operating costs—especially during times of economic downturns.

After passing unanimously from the Senate earlier this session, this critical and commonsense reform now awaits a floor vote from the House before being sent to Governor Doug Ducey’s desk for signature. SB 1556 is a simple fix and is a concept that has received bipartisan support in Arizona and nationally. We urge Arizona House members to vote yes to ensure that Arizonans receive the protections they deserve.

Jenna Bentley is the Director of Government Affairs at the Goldwater Institute.

 

 

More on this issue

Donate Now

Help all Americans live freer, happier lives. Join the Goldwater Institute as we defend and strengthen freedom in all 50 states.

Donate Now

Since 1988, the Goldwater Institute has been in the liberty business — defending and promoting freedom, and achieving more than 400 victories in all 50 states. Donate today to help support our mission.

We Protect Your Rights

Our attorneys defend individual rights and protect those who cannot protect themselves.

Need Help? Submit a case.

Get Connected to Goldwater

Sign up for the latest news, event updates, and more.

Wait! Don’t close this yet!

We are grateful for your support of the Goldwater Institute’s efforts to advance and defend liberty throughout the United States. For over 36 years, we’ve been defending the rights of Americans to live their lives free from government interference.

And Goldwater is unique in that we direct our efforts to the 50 states where we introduce and advance innovative ideas that expand freedom. And we fight in courtrooms and capitals nationwide to defend individual liberty.

In 2024 alone, we scored over 50 policy and litigation victories defending liberty!

And that’s just the beginning.

Our plans for 2025 include:

  • Stopping pernicious DEI and other woke programs in America’s universities.
  • Ensuring that patients suffering from rare and terminal diseases have access to cutting-edge, lifesaving medical treatments, without having to first seek permission from the government.
  • Defending parental rights across the United States so that parents can send their kids to the school that best fits their needs, free from leftist indoctrination.
  • Eliminating government interference in the fundamental right of individuals to own property and use it as they see fit.
  • And much, much more

We seek to restore the presumption of liberty; that people are free to act without first asking permission from the government.

But we cannot do this without you. Will you join us as we fight to preserve and advance liberty throughout the country? As we seek new and innovative ways to defend freedom in all 50 states?

And there’s great news: Thanks to a generous Goldwater supporter, your donation today will be doubled!

So please, join us in fighting to advance liberty and score real wins for freedom from coast to coast!