The states complained that Colorado's establishment of a legal, regulated market caused marijuana to flow into their states, thereby undermining their strict laws. This, they claimed, caused "irreparable injury" by draining their treasuries, placing stress on their criminal justice systems and endangering the health of their residents.
Protecting innocent property owners from overreaching law enforcement requires the abolition of civil forfeiture altogether. Until that occurs, judicial engagement is essential to ensuring innocent property owners get the legal assistance they need to force the government to play by the rules and give back what is rightfully theirs.
Dear Scott Rowland, I had $10K, little more, in the car when I heard you on All Things Considered. You were defending civil asset forfeiture. Your defense, I had to notice, backfired. You didn't defend forfeiture at all. But your comments provided a rich illustration of why forfeiture must be abolished.