Civil Asset Forfeiture in San Francisco – Stories, Tips & Resources for Victims

Civil Asset Forfeiture in San Francisco – Stories, Tips & Resources for Victims

Even in the progressive Bay Area, civil asset forfeiture remains a powerful tool used by law
enforcement-often at the expense of innocent citizens. San Francisco, Oakland, San Jose,
and surrounding communities have seen numerous cases where individuals lost property
without ever being charged with a crime. The result? A system that feels rigged against ordinary
people.

According to the ACLU of Northern California, 85% of proceeds from federal asset forfeiture
in California go to agencies policing communities of color. In places like East Oakland or
Bayview-Hunters Point, residents are disproportionately impacted by seizures of vehicles, cash,
and even homes-without due process.

How Civil Forfeiture Works in California

Civil forfeiture allows law enforcement to seize property suspected of being connected to
crime. Unlike criminal cases, the state does not need to convict you-or even charge you-to
take your assets. Instead, they file a lawsuit against the property itself.

California’s SB 443 law improved protections by requiring a criminal conviction in most
state-level cases under $40,000. However, many agencies bypass this by collaborating with
federal authorities through a loophole called “equitable sharing.” This lets them access federal
forfeiture processes, which require less proof and fewer protections.

The Process in Brief:

• Police seize property (cash, car, etc.) based on suspicion.
• You are issued a notice of seizure or receive it in the mail.
• You typically have 30 days to file a claim or petition for return.
• If unchallenged, your property is permanently forfeited.
• If you contest it, a civil trial is held-often months or years later.

Learn more about the process on our Resources page.

Victim Story: Elizabeth James – East Palo Alto

Elizabeth James, a retired nurse in East Palo Alto, withdrew $35,000 in savings to help her
daughter put a down payment on a home. On her way to meet the real estate agent, she was
pulled over. Officers claimed the cash “smelled like drugs” and seized it.

No drugs were found. No charges were filed. Elizabeth had to fight the government for
nearly a year to recover her money. Only with the help of legal aid and pressure from civil rights
groups did she eventually win her case. Her story, highlighted by the ACLU, underscores the importance of knowing your rights and pushing
back.

Tips for Bay Area Residents Facing Seizure

1. Document Everything: Keep records of all assets-especially cash
   withdrawals or vehicle ownership-to prove legitimate sources.
2. Demand Receipts: If police take anything, ask for a written inventory or
   receipt. This is critical to assert your claim.
3. Know Where to File: If seized by local police, your case may go to San
   Francisco County Superior Court. If it was federal agents (DEA, CBP), you’ll deal with federal
   claims procedures.
4. Act Quickly: Most agencies give you only 30 days to respond. Don’t
   wait-consult legal help immediately.

Check our Articles page for templates and
procedural checklists.

Common Bay Area Scenarios

• Airport Seizures: Many forfeitures happen at SFO or Oakland Airport
  when DEA agents stop travelers with large cash amounts. If this happened to you, read our airport seizure guide.
• Street-Level Stops: San Francisco and Oakland PDs have seized
  property during traffic stops based on vague suspicion. Always ask if you’re free to leave and
  request a warrant for searches.
• Shared Property Risks: If your family member or roommate is arrested
  and your assets are in proximity, you may still face seizure-even if you’re innocent.

Visit our Contact page to speak directly with
a forfeiture attorney.

Helpful External Links

• ACLU Northern California – Forfeiture and Racial Justice
• DOJ Northern District –
  Federal Seizures
• San Francisco Public Defender’s
  Office – Legal Help

Conclusion: Don’t Let Injustice Win

Civil forfeiture is a powerful tool-but it’s not unbeatable. With knowledge, documentation,
and legal support, you can challenge the system and recover what’s yours. San Francisco
residents have been fighting back and winning.

Call to Action

If you or someone you know had property seized in the Bay Area, don’t stay
silent. Contact ForfeitureUSA today for a free case review. We’ve helped Californians
recover their cash, vehicles, and property from unjust forfeiture. Visit our Contact page or call
330-720-0398 now.