On Friday, The Buckeye Institute took a stand against unconstitutional forfeiture laws by filing an amicus brief with the U.S. Supreme Court in Sanchez v. United States. The institute's senior litigator, Jay R. Carson, highlighted the concerning nature of these laws, stating, "The result of forfeiture laws is a system where revenue generation—not crime prevention—is the primary driver of law enforcement decisions."
Carson referenced the infamous words of Willie Sutton to emphasize the influence of financial incentives on human behavior, stating, "When asked why he robbed banks, Willie Sutton famously replied, ‘Because that’s where the money is.’ This quip recognized the universal truth that financial incentives influence human behavior."
The Buckeye Institute's brief relies on empirical research and analysis to demonstrate the disproportionate harm caused by civil forfeiture regimes, particularly to those on the lower socioeconomic rungs. In the case of Luis Sanchez, the government seized $9,000 without any conviction, charges, or suspicion of a crime, further illustrating the problematic nature of these laws. Carson expressed concern over the blurred lines between public safety and revenue generation, questioning, "When the police get to keep what they seize, citizens cannot help but wonder—did the police make an arrest for public safety reasons or to raise revenue?"
This advocacy by The Buckeye Institute serves as a call to action for the protection of citizens from the potential abuses of unconstitutional forfeiture laws, urging the Supreme Court to consider the implications of such practices on individuals' rights and the justice system as a whole.