Equitable sharing

Equitable sharing refers to a United States program in which the proceeds of liquidated seized assets from asset forfeiture are shared between state and federal law enforcement authorities. A 1984 law set up the arrangement in which state and local police can share the seizures with federal agents. The program is controversial due to a perceived conflict of interest. With Equitable Sharing, in cases involving civil forfeiture, state police can "skirt state restrictions on the use of funds", according to New Yorker writer Sarah Stillman, meaning that local police can evade their state's rules against forfeitures or restricting use of forfeitures by bringing in federal officers. In 2010, more than $500 million was distributed through the program and over $5 billion since the program was born in 1984.

The Washington Post in 2014 analyzed 400 seizures in 17 states which were examples of Equitable sharing arrangements. According to the analysis, police can stop motorists, possibly under the pretext of a minor traffic infraction, and "analyze" the intentions of motorists by assessing nervousness, and request permission to search the vehicle without a warrant, hoping to find cash or other valuables possibly involved in illegal activity. Of the 400 seizures studied by the Washington Post, police did not make any arrests, causing critics to speculate that the seizures were not related to real criminal activity but were symptomatic of corruption.

In January 2015 U.S. Attorney General Eric Holder halted some of the equitable sharing program. In December 2015 the Department of Justice suspended some more of equitable sharing due to budget cuts. Loopholes have allowed states to continue to use federal equitable sharing.

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