There is ZERO legal basis for asset forfeiture UNLESS someone is charged with a crime. Your property is really part of you and no one, no government has any legal right to imprison you (which includes your property) unless you are charged with a crime. This is the most basic human right -- habeas corpus and due process.
I really hope the practice is stopped because it is unconstitutional and abused horribly. In terms of abuse, after the police take someone's money, say they find $10k in cash on you. The police demand proof of its origin (now this of course is once again Guilty until proven Innocent which was hopefully struck down now by SCOTUS), then you go to the police with your proof. The police will cast doubt on your proof, tell you to go to Court and spend $5k of legal fees to reclaim your $10k OR they very kindly say let's just refund you $7k and call it even. This is regular practice. Police stations have been found buying helicopters and other things with such funds (the Washington Post had a great expose on this).
I really hope the practice is stopped because it is unconstitutional and abused horribly. In terms of abuse, after the police take someone's money, say they find $10k in cash on you. The police demand proof of its origin (now this of course is once again Guilty until proven Innocent which was hopefully struck down now by SCOTUS), then you go to the police with your proof. The police will cast doubt on your proof, tell you to go to Court and spend $5k of legal fees to reclaim your $10k OR they very kindly say let's just refund you $7k and call it even. This is regular practice. Police stations have been found buying helicopters and other things with such funds (the Washington Post had a great expose on this).