Cristal will get a chance to get back the $8K taken from her during a police raid.

Cristal Starling, a food cart owner from Rochester, New York, is finally getting her day in court. After facing an unfortunate run-in with the law, she is now fighting to get back the $8,040 she had seized by the police in April 2022. Starling had saved up these funds to purchase a food truck, and she is now being given another chance to get her money back.

The Institute for Justice, a public interest law firm representing Starling, was able to find a loophole in the ruling that allows law enforcement to seize property from a person suspected of criminal activity without charging them. The U.S. Court of Appeals for the Second Circuit ruled that the lower district court made an error when it entered a default judgment against Starling.

Starling had two cars seized and returned to her, and she now has the opportunity to fight the seizure in court. After experiencing all the paperwork and court proceedings, the business owner is eager to have her voice heard. “I’m excited and looking forward to fighting this,” she said. “Nobody should have to fight this hard just to keep what’s theirs.”

Civil forfeiture is often frowned upon by civil liberties groups, and it is very rare for them to be read in a federal circuit court opinion. Attorney Seth Young recognizes the injustice of this practice. “The court recognized what has always been abundantly clear about civil forfeiture: allowing police to pocket the money they take from people who have never been charged with a crime encourages police to take more money from innocent people,” he said.

The law firm’s President and Chief Counsel, Scott Bullock, shares the same sentiment and believes it is time for the system to eliminate civil forfeiture. “Cristal is not alone in having her due process rights stripped by the unjust civil forfeiture process,” Bullock said. “It’s time to end civil forfeiture nationwide.”

Starling's case is a reminder of the importance of standing up for what is rightfully yours and fighting for what is just. She is an example of perseverance and resilience, and she will not stop until her voice is heard.

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