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Allowing Cops To Keep Seized Loot is Unconstitutional
Associated Press ^ | Dec. 12, 2002 | John Curran

Posted on 12/13/2002 6:25:09 AM PST by Wolfie

Allowing Cops To Keep Seized Loot is Unconstitutional

New Jersey's practice of letting police and prosecutors keep the money and assets they seize is unconstitutional, a judge said in a case that could affect other states. The ruling, issued by Superior Court Judge Thomas G. Bowen in Salem County, puts a halt, for now, to a system criticized as bounty hunting. The practice gives law enforcement a stake in the cash, cars, computers and other property seized from criminals and suspects.

"The decision will ensure that police and prosecutors make decisions on the basis of justice, not on the potential for profit," said winning attorney Scott Bullock.

The state plans to appeal Wednesday's ruling, and will ask Bowen for a stay that would allow the continued distribution of seized assets, which amounted to nearly $32 million in a two-year period ending in 2000.

"We believe it's a wrong decision," said John Hagerty, a spokesman for the state Division of Criminal Justice. "Civil and criminal forfeiture is a legitimate law enforcement tool that allows police and prosecutors to take the profit out of crime."

The case started with a sheriff's deputy whose son was caught selling marijuana out of her 1990 Ford Thunderbird.

Carol Thomas, 45, of Millville, who was never charged, said she didn't know her 17-year-old son had used it to drive to drug deals. He pleaded guilty and was fined and sentenced to house arrest.

But the state filed a complaint against the car _ titled State of New Jersey v. One 1990 Ford Thunderbird _ and seized it, even though no drugs were found in it and it wasn't actually used in the deals.

She sued to get it back and after it was returned, she filed suit against the state, challenging the constitutionality of civil forfeiture statutes.

Her case caught the attention of the Institute for Justice, a libertarian Washington, D.C., law firm that champions individuals' rights, which took up her cause.

Bullock, in oral arguments last month, told Bowen that law enforcement agencies use the proceeds to pay for office furniture, computer equipment, expenses and, in one case, a golf outing, improperly influencing their decisions about which cases to pursue.

The state, meanwhile, argued that taking the profit out of crime was the whole point of the law in the first place.

The judge agreed with Thomas' lawyer, stating in his opinion that the seizures give law enforcement "financial interests which are not remote as to escape the taint of impermissible bias in enforcement of the laws."

David Smith, an Alexandria, Va., attorney active in civil forfeiture cases, said the ruling would have an impact beyond New Jersey. About 25 states share the loot from civil forfeitures with law enforcement, he said.

This was the first court case to challenge the legality of that practice, according to Smith.

"This will have a tremendous impact outside of New Jersey," he said. "This will go at least as high as the state Supreme Court, and if they agree with the judge, that's likely to be persuasive to other state Supreme Courts."

Thomas, who now works as a dog groomer, couldn't be reached for comment on Thursday. Her home telephone was not answered.


TOPICS: Culture/Society
KEYWORDS: assetseizure; drugwar; wodlist
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1 posted on 12/13/2002 6:25:09 AM PST by Wolfie
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To: Wolfie
Good. Its not good to give the drug gestapo incentives to frame people.
2 posted on 12/13/2002 6:29:05 AM PST by weikel
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To: Wolfie
Something good out of Jersey. Who'd a thunk it?
3 posted on 12/13/2002 6:29:16 AM PST by MileHi
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To: weikel
I wonder what the Sheriff's Deputy's opinion of asset seizure was before she lost her car.
4 posted on 12/13/2002 6:30:30 AM PST by Wolfie
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To: Wolfie
""Civil and criminal forfeiture is a legitimate law enforcement tool that allows police and prosecutors to take the a profit out of crime."
5 posted on 12/13/2002 6:31:43 AM PST by Kerberos
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To: Wolfie
The judge agreed with Thomas' lawyer, stating in his opinion that the seizures give law enforcement "financial interests which are not remote as to escape the taint of impermissible bias in enforcement of the laws."

OHMYGAWD!! A judge with the capacity for rational thought! I think I'm going to faint.

6 posted on 12/13/2002 6:32:48 AM PST by from occupied ga
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To: Wolfie
Im not generally a fan of democracy in general but I like the idea of law ENFORCEMENT being elected so I like the idea of sheriffs. The sheriff dep being a dealer was obviously in favor of prohibition as everyone with a stake in the black market is.
7 posted on 12/13/2002 6:33:00 AM PST by weikel
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To: Wolfie
Leaving aside the soundness of the War on Drugs, there are at least five excellent reasons why asset forfeiture must go:
  1. It's based on the notion that one can accuse an inanimate object of a crime.
  2. It short-circuits the judicial process and denies the means of defense to many criminal defendants.
  3. In many cases, it violates the "excessive fines" stricture of the Bill Of Rights, which was supposed to preclude the use of trivial offenses to seize the property of others.
  4. It often imposes entirely unjustifiable costs on third parties, such as Carol Thomas in the case mentioned above.
  5. It practically begs for police and justice authorities to corrupt themselves -- to look for ways to maximize the forfeitures, rather than to enforce the law.

I'm sure I could come up with more, but it's still early and I need more coffee.

Freedom, Wealth, and Peace,
Francis W. Porretto
Visit The Palace Of Reason:
http://palaceofreason.com

8 posted on 12/13/2002 6:33:25 AM PST by fporretto
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To: weikel
Hold on a sec...it was her son that was busted, not her.
9 posted on 12/13/2002 6:34:04 AM PST by Wolfie
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To: Wolfie
They tried to ask her, but she found one of her son's blunts in the ashtray and brought it to the Second Annual Asset Forfeiture Golf and Beer Outing. Unavailable for coherent comment, you know.
10 posted on 12/13/2002 6:34:11 AM PST by big gray tabby
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To: Wolfie
Hurrah!
11 posted on 12/13/2002 6:34:19 AM PST by IronJack
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To: Wolfie
the attention of the Institute for Justice, a libertarian Washington, D.C., law firm that champions individuals' rights,

Good old Libertarians strike again!

12 posted on 12/13/2002 6:35:42 AM PST by apackof2
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To: fporretto
Right on as usual Fran.
13 posted on 12/13/2002 6:37:37 AM PST by weikel
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To: apackof2
"Good old Libertarians strike again! "

Yes fortunately we have one party, albeit small, who is trying to stand up for individual rights.

14 posted on 12/13/2002 6:37:47 AM PST by Kerberos
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To: fporretto
Your forgot this one.
Amendment IV

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.


15 posted on 12/13/2002 6:38:10 AM PST by from occupied ga
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To: apackof2
You disagree with this? Asset forfeiture without due process of law beforehand is explicitly unconstitional and a bad idea for the reason enumerated by fporretto above.
16 posted on 12/13/2002 6:38:55 AM PST by weikel
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To: apackof2
This is a good outfit. They do their work in the courts, not in partisan politics. They are more concerned with property rights than anything else. They are definitely worthy of our support.
17 posted on 12/13/2002 6:44:15 AM PST by Sicvee
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To: Wolfie
But the state filed a complaint against the car

The absurdity of asset forefiture and the total distortion of the basis of law could not be pointed out better than in this portion of the article.

Imagine going to the local prosecuter and filing a compliant against your neighbor's refrigerator.

18 posted on 12/13/2002 6:47:01 AM PST by FreeTally
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To: Wolfie
Unconstituitional ? This is a laugh !! People never cease to amaze me. There are bigger issues of unconstituitonal liberties and freedoms of OURS being dissed.

If you allow ONE Constitional right to be broken, then just throw the whole Constition out !! This is what I call selective Constitutional rights y'all are willing to give up or to diss....

19 posted on 12/13/2002 6:47:10 AM PST by DreamWeaver
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To: DreamWeaver
I doubt there is a Constitutional right that he supports revoking.
20 posted on 12/13/2002 7:00:11 AM PST by coloradan
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