Since the mid-1980's, property forfeiture has emerged as an increasingly popular tool of police agencies in efforts to curb illicit drug trafficking. Property can be confiscated by the police if they believe it has been involved in illegal activity. "Property" includes houses, boats, cars, planes, telephones, office equipment, and just about anything else. In 1996, the Supreme Court ruled that the government can seize property used to commit a crime, even if the owner was innocent of any wrongdoing. A defendant need not be charged with a crime to lose his or her property.

Can they take my car or my house?

Yes, they can. Often, the police agency that is responsible for confiscating the property gets to keep the property forfeited. In these times of budget shortfalls, property forfeiture has grown into a multi-million dollar revenue source for local, state, and federal police agencies.

At this time, because of how the laws are written, property seizures still take place on a large scale. This might be an area for legal reform in the future, but right now it is legal.

Not any more. In New York, property can be seized in connection with misdemeanors. Marijuana possession is a misdemeanor. It is possible that if a student is caught in possession of marijuana on your property or in your house, your family's house can be taken, even if the parents had no knowledge of this drug possession. If you are pulled over for a burned out tail light and the officer smells marijuana, you might lose your car, cell phone, and whatever else in your car that police believe was involved in illegal activity.