For more than three months, police departments in Mississippi have seized property from individuals with no legal authority after a forfeiture law quietly lapsed. Law enforcement agencies say they did not notice the lapse.
The law in question had allowed police agencies to seize cash or property suspected of being involved with illicit drugs unless the owner challenged it in court within 30 days of the seizure. This procedure is called “administrative forfeiture” and was used for seizures which totaled less than $20,000. For larger sums, “judicial forfeiture” was used. Judicial forfeiture requires law enforcement agencies to sue in court in order to have a judge sanction the forfeiture. The burden of proof for judicial forfeitures is also higher than for administrative forfeitures.