A recent WRAL investigation has brought renewed attention to civil asset forfeiture in North Carolina, raising important questions about property rights and due process that every citizen should understand. The investigation revealed that law enforcement agencies across the state have collected millions of dollars through a federal program called “Equitable Sharing,” prompting debate about whether this practice serves justice or creates problematic incentives.
What Is Civil Asset Forfeiture?
Civil asset forfeiture allows law enforcement to seize property they suspect is connected to criminal activity. Under North Carolina state law, agencies can seize and claim suspected drug money, but only after the owner is convicted of a crime related to the cash. Money left over after covering investigatory costs would then go to the local school system.
However, the federal Equitable Sharing program operates differently. According to legal experts interviewed by WRAL, under federal forfeiture law, authorities do not even need to charge the owner of the property with a crime. This distinction creates significant constitutional concerns regarding property rights that anyone facing such a situation should understand.
How Federal Partnerships Bypass State Protections
Local law enforcement can partner with federal agencies through the Equitable Sharing program, which allows them to bypass stricter state laws. Sometimes officers work directly with federal task forces on cases. But critics argue that in other situations, local agencies simply refer cases to federal court to take advantage of the more permissive federal rules.
One example highlighted in the investigation involved a Raleigh firefighter and his wife who were arrested as part of a drug sales investigation. A year after their arrest, federal authorities adopted the case and filed a forfeiture notice on the couple’s home and $69,000 in cash. This case illustrates how property can be seized even without a conviction.
If you are facing criminal charges or have had property seized by law enforcement, understanding your rights is critical. A federal criminal defense attorney can help you navigate these complex situations.
The Numbers Tell the Story
According to Department of Justice reports examined by WRAL, federal agencies shared approximately $10 million with North Carolina state agencies in Fiscal Year 2025 alone, with nearly $60 million distributed over the past four years. Raleigh Police Department has led the state in federal seizures for two consecutive years.
These funds are typically used for equipment and supplies, including tasers, ammunition, rifles, and vehicle rentals for detective units. While law enforcement defenders argue this allows agencies to obtain necessary equipment while freeing up city and county budget dollars for other purposes, critics worry about the incentives this creates.
Defending Your Property Rights
If law enforcement has seized your property, you have legal options. The burden of proof in civil forfeiture cases is often lower than in criminal cases, which makes having experienced legal representation even more important. Key considerations include:
First, the timing of any challenge is critical. Forfeiture proceedings often have strict deadlines for contesting seizures. Missing these deadlines can result in permanent loss of your property.
Second, documenting the legitimate source of funds or property becomes essential. Being able to prove that assets were legally obtained can be a powerful defense against forfeiture.
Third, understanding whether your case falls under state or federal jurisdiction matters significantly. The legal standards and procedures differ substantially between the two systems.
At Chetson Firm, we understand how overwhelming it can be when the government seizes your property. Our team is committed to helping clients throughout North Carolina protect their rights and fight for the return of their assets when seizures are unjustified.
If you have questions about civil asset forfeiture or need representation in a criminal matter, contact our office today for a consultation.