Antonella Portugal
Civil asset forfeiture (CAF) allows the government to seize property suspected of being connected to criminal activity, often before any criminal conviction is secured. This Note examines the scope of CAF laws in Connecticut, with the aim of ascertaining what rights, if any, successors have to reclaim property seized but not yet forfeited at the time of the owner’s death. Tracing the legislative history and judicial interpretation of CAF in Connecticut, I synthesize the current legal landscape as to the rights of claimants in forfeiture proceedings. While Connecticut has taken steps to reform its CAF statutes and the courts have addressed key constitutional challenges, I argue that the current CAF regime insufficiently protects successors’ rights and exacerbates systemic inequities. CAF disproportionately impacts race–class subjugated communities, particularly within the context of the War on Drugs and federal equitable sharing programs. Connecticut lawmakers should look toward addressing these key social issues by moving away from CAF proceedings, protecting the rights of innocent heirs, and eliminating the financial incentives in CAF practice that perpetuate inequity.