Today the U.S. Supreme Court declined to hear a case filed by a Texas woman who says that her due process rights were violated when the police seized over $200,000 in cash from her family despite the fact that no one has been convicted of any underlying crime associated with the money. Unfortunately, thanks to the state’s sweeping civil asset forfeiture laws, the authorities were permitted to take the money of this innocent woman.
The Supreme Court offered no explanation today for its refusal to hear the case of Lisa Olivia Leonard v. Texas. But one member of the Court did speak up. In a statement respecting the denial of certiorari in the case, Justice Clarence Thomas made it clear that he believes the current state of civil asset forfeiture law is fundamentally unconstitutional.
“This system—where police can seize property with limited judicial oversight and retain it for their own use—has led to egregious and well-chronicled abuses,” Thomas declared.
Thomas is right, but one wonders if a.) there will ever be a “correct” case to come before SCOTUS, and b.) why in the hell a bill of sale and a public record of the sale of her house wasn’t enough evidence to prove the cash wasn’t really being used for drugs?