Politics in Nevada are currently marked by turbulence, but a rare opportunity for bipartisan cooperation has emerged during the state’s 80th legislative session. Lawmakers have the chance to address civil-asset forfeiture reform, a long-overdue issue that has been subject to systemic abuses.
Civil asset forfeiture allows police to seize personal property based on mere suspicion of criminal activity. Often, this property can be taken even if the owner is not arrested or convicted. The practice financially incentivizes law enforcement agencies by allowing them to keep a portion of the proceeds from forfeited property, leading to what critics describe as “policing for profit.”
The costs associated with legally challenging these seizures often outweigh the value of the property, making it difficult for victims to reclaim their belongings.
In 2017, Senate Bill 358 aimed to curb these practices by requiring a criminal conviction before any forfeiture action and redirecting most proceeds from law enforcement to the state education fund. Despite its bipartisan support, SB358 did not advance beyond committee.
Revisiting forfeiture reform could unite Nevada’s political spectrum. From a right-leaning perspective, civil forfeiture raises constitutional concerns regarding due process. Left-leaning advocates argue that it disproportionately affects people of color and those in poverty.
The U.S. Commission on Civil Rights highlights public trust issues related to law enforcement motives, noting an inherent conflict when police benefit financially from seized assets. Citing research from NPRI, they stated: “As in other states, law enforcement keeps a portion of this money [in Nevada], which creates an inherent conflict of interest. Public trust in the police is dangerously undermined when police are perceived to be acting primarily in their own financial interests rather than in the interests of public safety.”
Daniel Honchariw from Nevada Policy urges lawmakers to seize this opportunity for mutual success during the 2019 legislative session.
