Feds clamp down on local police seizures
Friday, Jan 16, 2015 - Posted by Rich Miller
* Long overdue, but welcomed news…
Attorney General Eric H. Holder Jr. on Friday barred local and state police from using federal law to seize cash, cars and other property without evidence that a crime occurred.
Holder’s action represents the most sweeping check on police power to confiscate personal property since the seizures began three decades ago as part of the war on drugs. […]
The program has enabled local and state police to make seizures and then have them “adopted” by federal agencies, which share in the proceeds. The program allowed police departments and drug task forces to keep up to 80 percent of the proceeds of the adopted seizures, with the rest going to federal agencies. […]
Holder’s decision allows some limited exceptions, including illegal firearms, ammunition, explosives and property associated with child pornography, a small fraction of the total. This would eliminate virtually all cash and vehicle seizures made by local and state police from the program.
While police can continue to make seizures under their own state laws, the federal program was easy to use and required most of the proceeds from the seizures to go to local and state police departments. Many states require seized proceeds to go into the general fund.
Background on these ridiculous seizures can be found by clicking here.
* And, yes, I know this is a federal story, but it has local implications…
The Edwardsville Intelligencer reported in 2010 that the Madison County State’s Attorney’s Office has reaped a half-million dollars from the policy over eight years, which at the prosecutor’s take of 10-12 percent suggests a total bounty of $4.5 million to $5 million. Madison County Assistant State’s Attorney Stephanie Robbins, who handles forfeiture cases for the office, told local paper the Telegraph in 2010, “Law-abiding citizens have nothing to worry about.”
But maybe they do. Jerome Chennault, a Nevada resident had the misfortune of driving through Madison County on his way home after visiting his son in Philadelphia.
Chennault said he had withdrawn $22,870 in cash to take with him before leaving Nevada, which he had intended to use for a downpayment on a home. After he was pulled over for following another car too closely, Chennault gave police permission to use a drug dog to sweep his car. The dog then “alerted” to the bag containing Chennault’s cash.
Police found no actual drugs on Chennault or in his car. He was never charged with a crime. But the dog alert itself was enough to allow police to seize Chennault’s cash. Over the next several months, Chennault had to travel to Edwardsville, Ill., at his own expense to fight in court for the return of his property. He had to put up a bond equal to 10 percent of the value of the property taken from him in order to secure it.
* From 2010…
Last month, the Supreme Court tossed out the case Alvarez v. Smith, a challenge to a portion of the asset forfeiture in Illinois that allows the government to keep seized property for up to six months before giving its owner a day in court. The Court declined to rule on the case after determining it to be moot—all of the parties had settled with the government by the time the case made it to Washington.
That’s too bad, because the Illinois law should be struck down, and also because the country could benefit from a discussion about the continuing injustice of many states’ civil asset forfeiture laws.
- Mason born - Friday, Jan 16, 15 @ 2:03 pm:
Well done Mr. Holder.
- Anonymous - Friday, Jan 16, 15 @ 2:07 pm:
Audit the task forces,put the booty in the general fund remember the ex head of the state police quit over finders keepers
- Wordslinger - Friday, Jan 16, 15 @ 2:08 pm:
Long overdue is right.
These seizures, often without charge, much less conviction, are cash cows for local govenments all over the country.
Some of the more “successful” at it in law enforcement give seminars advising other agencies on who to target and what to seize in order to maximize revenue. Not fight crime, but maximize revenue.
Just another weapon in the “War on Drugs” that has ruined the lives of many people.
- Anon - Friday, Jan 16, 15 @ 2:15 pm:
John Oliver actually did a great piece on this subject on his show Seriously, outstanding. check it out here https://www.youtube.com/watch?v=3kEpZWGgJks
- The Dude. - Friday, Jan 16, 15 @ 2:17 pm:
Good riddance. If anyone wants to know where all these state and local PD’s got the money for their military “toys.” Here ya go.
- VanillaMan - Friday, Jan 16, 15 @ 2:19 pm:
I’ve never thought these seizures were ethical.
- Jeff Trigg - Friday, Jan 16, 15 @ 2:24 pm:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Maybe the 4th Amendment can finally start making a comeback in this country. Activist judges should have never allowed this stuff to happen in the first place. Now, what are Illinois politicians gonna do to give us back our 4th Amendment rights? Continue arguing that drug dog sniffs are not actually a search?
- Left Leaner - Friday, Jan 16, 15 @ 2:27 pm:
The press releases from law enforcement agencies with ridiculous statements condemning this move in 3, 2, 1…
- Shanks - Friday, Jan 16, 15 @ 2:27 pm:
Cops find someone with say, $25,000 in cash, then investigate them….but if the police (or rather the courts) can’t associate it with a crime, than its his money. For once I actually agree with Holder though, it should only be seized if it connected with a crime.
- PublicServant - Friday, Jan 16, 15 @ 2:31 pm:
Great move by Obama.
- Left Leaner - Friday, Jan 16, 15 @ 2:34 pm:
My bad. Too late. This is a quote of quotes!
“It seems like a continual barrage against police,” said John W. Thompson, interim executive director of the National Sheriffs’ Association. “I’m not saying there’s no wrongdoing, but there is wrongdoing in everything.”
- Pot calling kettle - Friday, Jan 16, 15 @ 2:36 pm:
==but if the police (or rather the courts) can’t associate it with a crime, than its his money.==
Actually, many of the seizure laws have been structured in such a way that the person whose property was seized has to prove the materials were not involved in a crime. And, the alert of a drug dog or the presence of an unusually large amount of money was presumed to idicate some sort of criminal activity. Sounds backwards, seems unconstitutional, but its been going on since the 1980’s.
- A guy - Friday, Jan 16, 15 @ 2:47 pm:
There goes the impressive portion of the fleet in some towns. good.
- redleg - Friday, Jan 16, 15 @ 2:52 pm:
Yeah, I agree it’s not a crime.
But in this day and age of electronic transfer and I”m sure cashiers check still exist….
Traveling with that many c notes is asking for trouble. And from the kind of trouble that the law or lawyers may not be able to help you with.
Common sense. You either got it or you don’t.
- Rich Miller - Friday, Jan 16, 15 @ 2:54 pm:
===Traveling with that many c notes is asking for trouble===
From criminals, yeah. From the government???
C’mon. That’s ridiculous.
- Carl Nyberg - Friday, Jan 16, 15 @ 3:05 pm:
It’s a disgrace to the United States that asset forfeiture got past the brainstorming stage.
That it was enacted into law and supported by courts shows how little respect government, elites and lawyers have for the US Constitution.
- walker - Friday, Jan 16, 15 @ 3:12 pm:
Slowly making progress back to constitutional principles for policing, that existed in this country prior to the 1980s. Next step is curbing Federal prosecutorial abuses with confiscation, wire fraud, and RICO — all of which have been expanded way beyond their initial legislative intent.
- Anon - Friday, Jan 16, 15 @ 3:40 pm:
=C’mon. That’s ridiculous.=
Really, Rich? Who carries around tens of thousands of dollars in cash? I can’t think of 1 time in my life where I’ve needed to do that.
I’m not saying that the program wasn’t without problems, but it wasn’t all problems either.
- Rich Miller - Friday, Jan 16, 15 @ 3:46 pm:
===Who carries around tens of thousands of dollars in cash?===
What business is it of yours, anyway? Or the government’s? If people want to do something with their own property, for crying out loud let ‘em do it.
- Precinct Captain - Friday, Jan 16, 15 @ 4:02 pm:
==- Anon - Friday, Jan 16, 15 @ 3:40 pm:==
You wouldn’t do it, so obviously anyone who does should be harassed by the government or the action should be illegal. I don’t conceal and carry, so obviously concealed carry should be illegal. I don’t smoke cigarettes, but smokers should be harassed by the government.
- Anon - Friday, Jan 16, 15 @ 4:12 pm:
It’s definitely not my business, but the government’s? Well, actually it is…
“Information from IRS Form 8300 is added to the Financial Crimes Enforcement Network (FinCEN) database. The information is then cross-referenced with other FinCEN information such as Suspicious Activity Reports and Currency Transaction. The Treasury Department uses information from these cross-reference reports to create traceable money trails that expose criminal activities.”
- Rich Miller - Friday, Jan 16, 15 @ 4:16 pm:
===but the government’s? Well, actually it is… ===
What does that have to do with having a few thousand dollars in your car?
Did you not read that the vast majority were never charged with a crime?
People complain about the legal process when government seizes land. They complain about “confiscatory” taxation enacted by their duly elected leaders.
But there is no “process” here. Just confiscatory seizure by individual fiat.
- vise77 - Friday, Jan 16, 15 @ 4:17 pm:
Great news. Such great news. This evil, un-American practice needs to end completely.
- Wordslinger - Friday, Jan 16, 15 @ 4:23 pm:
Anon, 3:40, do yourself a favor and give the google a workout on this subject. You’ll find plenty.
Philly seizes peoples homes if they claim they spotted your kid smoking a joint on the porch.
There was a sheriff in Texas down by the border who was cherry-picking nice cars with out-of-state plates because they were obviously up to no good to be driving down there. No drugs found, just “suspicion” of a crime was good enough.
No criminal charges, these were civil procedures where to get your goods back, you had to go before a judge, months later, and prove you weren’t a crook, somehow.
That’s aint America.
- Anonymous - Friday, Jan 16, 15 @ 4:31 pm:
How much cash does the American pickets have? Money talks bull… Walks
- Responsa - Friday, Jan 16, 15 @ 4:35 pm:
A great move. But political. And long overdue. The new Senate Judiciary Committee had planned to grill DOJ nominee Loretta Lynch about her views on civil forfeiture. Now Holder has made it so she won’t be so vulnerable on that issue during confirmation hearings. He could and should have done this much earlier.