Rewriting the Rules: How AFP Sparked Civil Asset Forfeiture Reform in Kansas

Oct 8, 2024 by AFP

Imagine having your vehicle seized by police during a minor traffic violation for no reason other than an unfounded suspicion. Civil asset forfeiture laws enable the government to seize and keep any property they suspect is linked to a crime, regardless of whether the owner is charged or convicted. Until recently, Kansas law enforcement could claim probable cause to take assets, circumventing a warrant and judicial approval. 

In 2021, Americans for Prosperity recognized the urgent need for reform and launched a formidable campaign to craft a civil asset forfeiture reform bill that would protect citizens’ constitutional property rights, guarantee due process, and quell government overreach. Because of AFP’s years of advocacy and commitment, SB 458 passed in 2024 with bipartisan support, enshrining protections to end the abuse of civil asset forfeiture.   

The Consequences of Unchecked Power 

Civil asset forfeiture can have devastating consequences for ordinary citizens, subjecting them to property confiscations, imposing financial burden and violating citizen’s due process rights. There are stories of law enforcement seizing belongings, such as large sums of money, someone’s vehicle, or even an individual’s house, on the grounds of suspicion without the burden of proof.

Dewonna Goodridge was one of many Kansas residents subjugated to the practice of government-mandated robbery. Her car was seized by police while her son was driving and pulled over for his failure to use a turn signal while exiting a roundabout, which Kansas law doesn’t specify is required. The Kansas Justice Institute represented Dewonna and fought for eight months to reclaim her car, despite there being no evidence of wrongdoing or criminal charges brought on her son.  

Most victims of civil asset forfeiture are unable to afford the steep legal fees that often exceed the value of their seized property. Even in instances where police fail to recover evidence from the property or convict the property owner of a crime, Kansas residents are hit with the financial and emotional burden it takes to reclaim what’s rightfully theirs. 

AFP Fights to Reform Civil Asset Forfeiture Laws 

Since 2018, AFP had been working to reform civil asset forfeiture laws in Kansas. In 2021, the organization took matters into their own hands and drafted a bill that would protect innocent property owners from government overreach, while still ensuring law enforcement could remove ill-gotten gains from those who break the law. AFP sprang into action consulting legal experts, identifying strategic partners, and tuning in to community voices to pioneer the legislation. 

After deploying their network of activists in the Statehouse halls, AFP got to work delivering compelling testimony at committee hearings and coordinating with policy partners to draw attention to the government abuse and a need for change. They embarked on an awareness campaign, reaching citizens and legislators with data-driven insights to demonstrate the sad reality of civil asset forfeiture. AFP’s reports show that despite 80% of those who had property seized were found innocent, 90% of all seized property was never reclaimed. 

Thanks to AFP’s years-long commitment and the effective coalition they built, SB 458 passed with unanimous bipartisan support in 2024, making significant changes to civil asset forfeiture laws in Kansas. The new law increases the burden of proof for seizures, requires judicial review to establish probable cause, mandates the government to pay attorney fees if a civilian successfully challenges the seizure of their property, and closes the loophole that allowed local law enforcement to elevate the case to the federal level to continue forfeiture proceedings.  

AFP is pushing Kansas to rein in its broad usage of civil asset forfeiture and continues to act as a leading voice for other states searching for solutions to protect the rights of property owners. 

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