'If in Doubt, Take it': Police Use Department Wish List When Deciding Which Assets to Seize
Photo Credit: Mark Makela for The New York Times
The seminars offered police officers some useful tips on seizing property from suspected criminals. Don’t bother with jewelry (too hard to dispose of) and computers (“everybody’s got one already”), the experts counseled. Do go after flat screen TVs, cash and cars. Especially nice cars.
In one seminar, captured on video in September, Harry S. Connelly Jr., the city attorney of Las Cruces, N.M., called them “little goodies.” And then Mr. Connelly described how officers in his jurisdiction could not wait to seize one man’s “exotic vehicle” outside a local bar.
“A guy drives up in a 2008 Mercedes, brand new,” he explained. “Just so beautiful, I mean, the cops were undercover and they were just like ‘Ahhhh.’ And he gets out and he’s just reeking of alcohol. And it’s like, ‘Oh, my goodness, we can hardly wait.’ ”
Mr. Connelly was talking about a practice known as civil asset forfeiture, which allows the government, without ever securing a conviction or even filing a criminal charge, to seize property suspected of having ties to crime. The practice, expanded during the war on drugs in the 1980s, has become a staple of law enforcement agencies because it helps finance their work. It is difficult to tell how much has been seized by state and local law enforcement, but under a Justice Department program, the value of assets seized has ballooned to $4.3 billion in the 2012 fiscal year from $407 million in 2001. Much of that money is shared with local police forces.
The practice of civil forfeiture has come under fire in recent months, amid aspate of negative press reports and growing outrage among civil rights advocates, libertarians and members of Congress who have raised serious questions about the fairness of the practice, which critics say runs roughshod over due process rights. In one oft-cited case, a Philadelphia couple’s home was seized after their son made $40 worth of drug sales on the porch. Despite that opposition, many cities and states are moving to expand civil seizures of cars and other assets. The seminars, some of which were captured on video, raise a curtain on how law enforcement officials view the practice.
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“IF IN DOUBT…TAKE IT!” Behind Closed Doors, Government Officials Make Shocking Comments About Civil Forfeiture
By Nick Sibilla.
Without even needing to charge someone with a crime, law enforcement can seize and keep cash, cars and even homes, by exercising civil forfeiture. Now the Institute for Justice has uncovered recordings of government officials from across the country making unsettling comments about this controversial power:
• One city attorney called his legal documents a “masterpiece of deception” and has won 96 percent of his forfeiture cases.
• An assistant district attorney takes property, even from owners who have been acquitted, because “people are not found innocent, they are found not guilty.”
• One government official doesn’t want to disclose information about civil forfeiture, because it might become a “bullet-point for people that are trying to fight the program.”
• A prosecutor teaches other attorneys how to take property from innocent people. He even offers this piece of advice, “IF IN DOUBT…TAKE IT!”
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