California Civil Asset Forfeiture and the Policing of Minority Residents

Abstract

In Who Are the Criminals?, John Hagan argues that legislators use “crisis framing” to influence how the general public thinks about crime. President Ronald Reagan used reports of a drug use epidemic fueled by organized crime as part of his crisis framing. In 1984, he signed the Comprehensive Crime Control Act (CCCA) as part of his “war on drugs.” The CCCA allowed law enforcement to use civil asset forfeiture (CAF) to keep or sell property that it suspected was connected to illegal activity. State legislators followed suit and passed their own CAF laws. Some critics argue that law enforcements’ use of CAF has disproportionately targeted minority populations. We draw on racial threat theory to examine connections between the size of minority populations and the use of CAF in California. Our analysis uses nineteen years of CAF cases filed with the California Attorney General’s Office. Consistent with racial threat theory, we find a positive association between the number of forfeitures in a jurisdiction and a logged measure of the percentage of Black residents, net of crime, and other jurisdiction attributes. Our results support concerns that law enforcement has incorporated CAF as a technique used disproportionately against some minority communities.