The ACLU has filed suit against the Pinal County Attorney, Sheriff, and the Clerk of the Superior Court in Pinal County, Arizona, for their enforcement of Arizona’s civil asset forfeiture laws. According to Sheriff Paul Babeu, the case in question involves a man with a long criminal history who was arrested for Burglary (of a public utility yard) and Possession of Stolen Property.
Babeu reports that the man was found with stolen truck parts attached to a truck in his possession and reported to be his truck. The circumstances of the crime caused the truck to be subject of a civil forfeiture proceeding. The Sheriff’s Office seized the truck in accordance with all state and federal laws and guidelines for civil forfeiture, according to Babeu.
In Arizona, civil asset forfeiture allows police to seize — and then keep or sell — any property they allege is involved in a crime. Owners need not ever be charged with or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.
Babeu asserts that the “ACLU suit goes beyond addressing the criminal case and civil forfeiture of the truck. The attorneys have used this case as a basis for a broad indictment and challenge of the state’s civil forfeiture laws. The Sheriff’s Office respects any individual’s or organization’s right to challenge existing laws. However, the sheriff’s office responsibly starts and ends with the fair and legal application of these laws and not making or changing state laws.”