Race, politics, and drug law enforcement: an analysis of civil asset forfeiture patterns across US counties

The research on civil asset forfeiture has been largely anecdotal and has taken a politicised approach. Most accounts use specific cases to support their claims that widespread use of forfeiture is generated by dubious or ‘hidden’ law enforcement motives. Yet there are plausible theoretical reasons to believe that structural contexts condition the choice of mechanisms favoured by the law enforcement agencies. This research emphasises structural explanations for variation in the ratio of asset forfeiture dollars to drug arrests. Regression estimates show that agency complexity, black population size, economic inequality due to the presence of high income earners and local Republican Party political support in past elections are strong predictors of variation in this ratio indicator. This study highlights the selective use of asset forfeiture and arrest. The evidence presented here supports wider claims that the application of alternative mechanisms of local law enforcement do not operate in a social, economic and political isolation but rather their selective use is shaped by patterns of local inequality.