The Predictive Relationship of Law Enforcement Agency Characteristics and the Use of Asset Forfeiture in the United States

Abstract

Asset forfeiture is a law enforcement tactic used by police agencies to seize civilian assets and property, in most circumstances without requiring substantial evidence or an arrest, let alone a conviction, and in turn, profit from the seized funds which are returned to the seizing department through the asset forfeiture process. From 2001 to 2014, the federal government, not including assets forfeited to state and local agencies, collected nearly $29 billion in property and assets from the American public through its forfeiture program. While supporters of the practice highlight the positive impact it can have on combating and reducing crime, opponents are quick to point out the extensive power it presents to police and the lack of due process it grants to those facing forfeiture of their own assets or property. The findings of this study introduce a different angle of approach to questions that have seldom been asked about the institutional forces associated with police behavior regarding forfeiture activities and present predictive relationships between certain agency attributes and asset forfeiture practices. By using data on asset forfeiture proceeds received by over 2,800 law enforcement agencies across the United States in 2006, this study examines the relationship between the characteristics of individual local, county, and state agencies, and funds received through the asset forfeiture practices in the hope of answering the presented research question; which attributes of law enforcement agencies best predict engagement in asset forfeiture practices? My results indicate a statistically significant positive correlation between agency size, assignment of drug specific officers, diversity of officers, and minimum education requirements for hiring new officers with forfeiture proceeds as a proportion of total operating budget at the agency level. This study also finds a statistically significant negative correlation between operating budget per officer and the same proportion of operating budget received through asset forfeiture proceeds. In answering the research question, this study can present policymakers and law enforcement officials with a more thorough understanding of the types of department characteristics that can help predict the use of asset forfeiture in order to focus their attention on certain aspects of law enforcement agencies to help address abusive tendencies within the system to improve the overall effectiveness of police departments in their respective jurisdictions.