An Analysis of Federal Drug-Related Civil Forfeiture

Drug Enforcement Administration Special Agent Arthur J. Goldenbaum participated in a raid at the home of Mrs. Edna Salas, arrested her husband, and charged him with possession of heroin. Pursuant to a warrant, Goldenbaum searched the Salas's 1975 Mercedes and found four marijuana cigarette butts in the ashtray. The government seized the Mercedes, sold it, and collected the proceeds. This is an example of forfeiture-the loss of goods to the government as a result of the commission of a crime-under the federal drug laws. This Comment examines federal civil forfeiture statutes applicable to drug trafficking. The widespread judicial reluctance to apply stringently the statutes and the harsh results that traditionally have been linked with in rem forfeiture proceedings suggest that revision of these laws is necessary. Consequently, the Comment proposes statutory changes that would clarify the law and would mitigate un-reasonable consequences.