How Profit-Driven Policing and Militarized Tactics Undermine Due Process and the Rule of Law
Introduction
In a nation that prides itself on being the standard-bearer of civil liberties, one would expect that the greatest threat to personal freedom might come from abroad — a foreign adversary or hostile actor. But as decades of legal precedent, empirical data, and tragic case studies now confirm, the erosion of due process, property rights, and Fourth Amendment protections often comes not from overseas but from within our own borders.
Civil asset forfeiture, once a targeted maritime remedy, now generates billions of dollars annually for law enforcement agencies that often operate with few meaningful checks. Meanwhile, the rise of paramilitary policing, fed by the federal government’s 1033 Program, has transformed local police departments into quasi-military forces, conducting high-risk raids for low-level offenses. These overlapping trends raise the alarming question: When does law enforcement stop protecting and start preying on the very citizens it swore to defend?
In this in-depth legal roundtable, perspectives from constitutional scholars, prosecutors-turned-defense-counsel, civil rights advocates, and former judges reveal the systemic incentives driving these abuses — and what meaningful reform requires.
Part I: Historical Roots — Civil Forfeiture’s Path from Pirates to the Parking Lot
Professor Lauren Kingsley, who teaches Constitutional History at the Marshall College of Law, explains that civil asset forfeiture originated centuries ago as an instrument of British admiralty law.
“Civil forfeiture was a tool for the Crown to seize pirate vessels or smuggler ships when the owner wasn’t present to prosecute,” Kingsley says. “The legal fiction was that the property itself was guilty.”
Fast-forward to the 1984 Comprehensive Crime Control Act, and forfeiture entered a new era. The Act incentivized state and federal agencies to pursue property tied merely to suspected crimes — not proven convictions. This expansion coincided with the War on Drugs, unleashing unprecedented police powers that endure today.
Part II: The Profit Incentive — Policing as a Revenue Stream
Attorney Michael J. Riley, who spent a decade as a federal prosecutor before switching sides to defend civil forfeiture victims, underscores a harsh reality:
“For many agencies, seizures fill budget gaps. If your department can keep 80% or more of what you seize, you develop an appetite for easy targets.”
Key Data: A landmark Washington Post investigation found that in 2014 alone, federal forfeiture deposits hit $4.5 billion — exceeding the value of every burglary reported nationwide that year. The average burglary victim gets a fraction of that value back; in forfeiture cases, many never recover their property.
And it isn’t just cash. Cars, homes, jewelry, and even customized medical practice mascots, like the “Tiger Truck” owned by Dr. Sanjay Kumar, have been seized under vague suspicion and auctioned for departmental profit.
Part III: Paramilitary Policing — The 1033 Program’s Unchecked Expansion
Since the 1990s, the federal 1033 Program has transferred over $6 billion in surplus military hardware — including armored vehicles, assault rifles, night vision goggles, and drones — to local law enforcement agencies.
The ACLU’s “War Comes Home” report revealed that 79% of SWAT deployments are for executing search warrants, not responding to genuine emergencies like hostage situations or active shooters. Routine drug raids are now conducted with tactics once reserved for urban warfare.
Case in Point: Breonna Taylor’s killing remains a tragic and highly publicized example. A botched no-knock warrant, flawed surveillance, and the use of paramilitary equipment led to her death while the suspect had already been arrested elsewhere. This illustrates how militarization magnifies the stakes of ordinary police work — with deadly consequences.
Part IV: The Racial and Economic Disparities No One Can Ignore
A 2017 Harvard Kennedy School study concluded that communities of color are disproportionately impacted by paramilitary policing. Black Americans represent 24% of civilians killed in raids yet make up only 13% of the population.
Traffic stops, too, are not immune. Black motorists are four times more likely to have assets seized, even though data shows they carry contraband at lower rates than white drivers. In Tennessee v. Taylor, evidence showed how local sheriff’s offices set up roadblocks along highways leading out of Nashville during music festivals, targeting out-of-town drivers for “suspicious” cash.
Part V: Doctors and Small Businesses — The “Soft Targets”
Few sectors illustrate how profit-driven policing twists its priorities like the healthcare profession. Dr. Sanjay Kumar’s case, widely shared by Doctors of Courage, is one example among many. Kumar claims he was surveilled, intimidated, and eventually arrested on trumped-up charges so that law enforcement agencies could seize over $1 million in cash, gold, vehicles, and medical equipment — assets the government later split under forfeiture-sharing laws.
Attorney Riley points out:
“Doctors in solo or cash-heavy practices are easy marks: they’re asset-rich, lack deep institutional protection, and if they serve vulnerable or minority communities, they often can’t mount a robust defense.”
Part VI: The Legal Labyrinth — When Due Process Becomes a Mirage
Judge Sylvia Mansfield, who presided over federal civil forfeiture challenges for more than 20 years, says that the constitutional imbalance is profound:
“In criminal court, the burden is on the state: guilty beyond a reasonable doubt. In civil forfeiture, the burden flips — you have to prove your property is innocent.”
The Institute for Justice found that victims spend an average of $4,000 in legal fees to recover just $1,300 in seized assets. Many people simply give up. Meanwhile, powerful equitable sharing loopholes let local police bypass state-level reforms. Even states that require a conviction before forfeiture — like New Mexico — find their laws undermined by federal partnerships.
Part VII: Constitutional Fissures — The Courts Fight Back (Sometimes)
The Supreme Court’s unanimous ruling in Timbs v. Indiana (2019) marked a major step. In that case, the state seized Tyson Timbs’ $42,000 Land Rover following a drug arrest. The Court ruled that the Eighth Amendment’s Excessive Fines Clause applies to states, but its enforcement remains patchwork.
Another milestone is Murphy v. NCAA (2018), which reaffirmed the anti-commandeering doctrine, stating that the federal government cannot coerce states into enforcing federal regulatory regimes. While not directly about forfeiture, it limits the federal government’s ability to bully states into carrying out broad seizures.
But loopholes persist. A 2022 DOJ report revealed that the equitable sharing program distributed more than $680 million to local agencies, effectively nullifying state-level protections.
Part VIII: The Human Toll — Real Stories and Real Losses
The story of Breonna Taylor remains one of the clearest examples of how paramilitary tactics and flawed warrants can destroy innocent lives. But lesser-known stories, like that of Rhode Island fisherman John Yung, whose entire boat was seized on suspicion of illegal catches (later disproven), or the countless rural homeowners who lose family farms to procedural mistakes, show that the system is deeply broken for everyday Americans.
Part IX: International Comparisons — How Other Democracies Rein It In
Compared to the U.S., other democracies impose stricter safeguards on asset forfeiture:
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Canada: Requires clear evidence connecting property to a serious crime.
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European Union: Under the European Convention on Human Rights, the right to property prohibits excessive, arbitrary seizure.
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Australia: Forfeiture typically requires a conviction.
Part X: Toward Real Solutions
Some states are beginning to push back:
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Illinois (2020) enacted reforms shifting the burden of proof to the state, requiring a conviction before assets are forfeited.
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Proposed federal legislation, like the Fifth Amendment Integrity Restoration (FAIR) Act, would end the equitable sharing loophole.
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Civil liberties groups like the ACLU and the Institute for Justice continue to litigate these abuses and educate the public.
Judge Mansfield puts it plainly:
“Civil forfeiture is a constitutional relic that has metastasized into a shadow taxation system. Reining it in is a fight for the soul of the Fourth and Eighth Amendments.”
Key Statistics for Legal Professionals
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$4.5 billion: Federal forfeiture deposits in 2014, surpassing burglary losses nationwide.
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79%: Percentage of SWAT raids executed for search warrants rather than emergencies.
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4x: Black drivers’ increased likelihood of asset seizure at traffic stops.
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$4,000 vs. $1,300: Average cost for property owners to recover seized assets.
Selected References
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Institute for Justice, “Policing for Profit, 3rd Ed.” (2020) — Comprehensive state rankings of forfeiture abuses. Explore the report
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ACLU, “War Comes Home” (2014) — Pivotal report on how military equipment transformed American policing. Read more
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Breonna Taylor Case Resources — Analysis of the botched raid that became a national reckoning. Review case facts
FAQ
Q: Can local agencies still keep seized property?
Yes. 42 states let them keep most or all forfeited proceeds, incentivizing more seizures.
Q: How does “equitable sharing” work?
Local agencies hand assets to federal partners, sidestepping stricter state rules. They then share the proceeds.
Q: Is forfeiture legal if I’m never charged?
Shockingly, yes. You can lose your car, home, or cash under suspicion alone — that’s what many call “policing for profit.”
Resources
✅ ACLU’s Forfeiture Toolkit
✅ Institute for Justice’s State-by-State Guide
✅ POGO’s Analysis of the 1033 Program
Conclusion
As Attorney Riley reminds us: “The Constitution is not self-enforcing. If the public does not hold these institutions accountable, then the rights written on parchment are only words.”
The path forward demands:
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Ending the 1033 Program
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Closing federal forfeiture loopholes
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Demanding that due process means what it says: the state must prove your guilt, not your innocence
Disclaimer
This LinkedIn article is meant to inform, not to advise. While it examines civil asset forfeiture, paramilitary policing, and constitutional law trends, it is no substitute for personal legal counsel. Laws vary by jurisdiction and facts. For personalized guidance, consult a qualified attorney. The author and publisher disclaim any liability for actions taken solely on the basis of this article.
About the Author
Dr. Daniel Cham is a physician and medical-legal consultant with deep experience in healthcare law, regulatory compliance, and civil liberties defense. He helps professionals navigate the complex crosscurrents of law and medicine. Connect with Dr. Cham on LinkedIn
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