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City Seeks To Kill Challenge To Philadelphia's Asset Forfeiture Process

By Cherri Gregg

PHILADELPHIA (CBS) --- A federal judge heard arguments Monday on an effort by the city to kill a class action designed to take down law enforcement's process of seizing millions every year in cash, cars and houses.

Asset forfeiture is designed to seize cash and property linked to drugs, but plaintiffs claim property owners not accused of crimes have had property seized illegally without due process.

The city, DA and police asked the judge to dismiss their case on several grounds, including the fact that the DA recently changed its process of seizing homes without a hearing.

"It doesn't offer any relief to the people currently who are outside of their home," says Darpana Sheth, a lawyer for Institute for Justice that represents the plaintiff property owners. She says there's little judicial oversight of the forfeiture process.

Instead, plaintiffs argue prosecutors run the process out of Courtroom 478 with only a court administrator.

"Since June 2014 when plaintiffs' counsel began monitoring this we've seen 40,000 cases come through room 478," says Sheth. "It really has a detrimental effect on the citizens of Philadelphia."

Plaintiffs argue that prosecutors have an incentive to take property since bounty seized pads their budget.

Lawyers for the city claim the benefit is created by statute, a law the plaintiffs failed to challenge. The parties expect the judge to rule in a matter of weeks.

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