On May 9, 2024, the Supreme Court ruled in Culley v. Marshall that Halima Culley and Lena Sutton had to wait for final forfeiture hearings before challenging police seizures of their cars, even though neither woman was charged with a crime. Police took Culley's car after finding marijuana in it while her son was driving, and seized Sutton's car after finding methamphetamine during a traffic stop when her friend was behind the wheel. The 6-3 decision said states don't have to provide preliminary hearings where innocent owners can quickly fight back.
Civil asset forfeiture lets law enforcement seize cash, cars, homes, and other property suspected of involvement in crimes without ever charging the owner. Since 2000, governments have taken at least $68.8 billion through forfeiture, according to the Institute for Justice. In 21 states that track data, half of all cash seizures are worth less than $1,300, far below what it costs to hire a lawyer to contest the taking. The money flows directly into police budgets in 32 states and the federal system, creating incentives to seize property for revenue rather than fighting serious crime. Critics call it legalized theft that punishes people who can't afford lawyers, while supporters claim it disrupts criminal enterprises by draining their resources.