In Memphis, Car Seizures Are a Lucrative and Punishing Police Tactic

MEMPHIS, Tenn. — As he drove to work on a summer afternoon in Memphis last year, Ralph Jones saw a woman on the sidewalk flagging him down. Thinking she was in distress or needed a ride, Jones said, he pulled over.

Like Jones, some of the people affected by the seizures had not been convicted of any crime, and defense lawyers said they disproportionately affected low-income residents, and people of color. In Memphis, some of the more than 700 vehicles seized last year were taken from people who were ultimately found guilty of serious criminal charges. But other residents reported in interviews that they were compelled to pay large fees to recover their vehicles even when they had not been convicted of any crime.

Mayor Jim Strickland was also a strong supporter of the seizure policy and even proposed destroying cars used by drag racers and other reckless drivers. “I don’t care if they serve a day in jail,” he said last year. “Let me get their cars, and then once a month we’ll line them all up, maybe at the old fairgrounds, Liberty Park, and just smash them.”

But even some of those not convicted of a crime said they spent weeks without a car while trying to navigate a complicated court process. Months later, Douglas’ criminal charges had been dropped, but his car was still in police custody. He was only able to recover it after paying $925, records show; crews towed it out to a dusty lot and handed it over to him, its battery dead. Douglas had to struggle with battery cables to get it started.

Memphis has not disclosed how much money it generated for the hundreds of vehicles that were forfeited. The city did report seizing some $1.7 million in cash last year, winning forfeiture of nearly $1.3 million.“It’s unfair to a lot of the poorer citizens in Memphis,” said Arthur Horne, who has represented such clients. “It’s a huge tax.”

Seven states do not give forfeiture revenues to law enforcement. A few states, including Maine, New Mexico and North Carolina, do not permit civil proceedings and allow forfeiture only after criminal convictions.

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