Posted on 01/26/2015 5:06:07 AM PST by csvset
NORFOLK
A bill moving through the General Assembly could eliminate a legal process that brings in millions of dollars for law enforcement agencies, but which critics say allows the government to confiscate property unfairly.
HB1287, sponsored by Del. Mark Cole, R-Spotsylvania, would end civil asset forfeitures - state legal proceedings that allow police to keep property seized from criminal suspects. The process rankles civil liberties advocates because such seizures can occur without a criminal conviction.
The proposal mirrors an order from Attorney General Eric Holder earlier this month that drastically curtails the federal asset-forfeiture process. If Cole's bill passes, the loss of both state and federal sources of asset forfeiture funds could put a significant dent in local law enforcement budgets.
From 2008 to 2013, Virginia law enforcement agencies seized more than $57 million through the state civil asset forfeiture process. Using the state process, police can keep 90 percent of the proceeds. The federal programs allow for 80 percent of proceeds to return to the agency that seized the items.
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Database: How much Virginia agencies take and return
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It can be cheaper for a person facing the forfeiture to surrender the property than to hire a lawyer and fight the seizure in court, said Rob Poggenklass, a legal fellow with the ACLU of Virginia.
Law enforcement uses another process - criminal forfeitures - to seize property after a criminal conviction, Poggenklass said. He did not object to that.
"It's the practice of taking money and not getting a criminal conviction and still keeping the money," he said.
The legislation would limit asset seizure to those convicted of a crime and would delay distribution until after appeals have ended, Poggenklass said.
South Hampton Roads police departments rank among the top in the state for seizures through Virginia's Forfeited Asset Sharing Program. The Virginia Beach Police Department seized 1,208 assets worth a combined $6 million from 2008 through 2013, the most in the state. Norfolk seized the third most - 690 items worth more than $3.45 million. Chesapeake and Newport News round out the top 10 in the state, with seized property worth over $2.23 million and $1.5 million, respectively.
Several law enforcement agencies, including the State Police, opposed the bill at a hearing last week.
In an interview Friday, Virginia Beach Commonwealth's Attorney Colin Stolle declined to speak about the bill but said, in general, the asset forfeiture program benefits law enforcement.
"It allows us to be able to afford equipment and training for officers and prosecutors," he said. "It relieves tax payers from a part of that burden."
If the program ended, Stolle said, it wouldn't change the daily operations of his office.
"Would it impede our ability to function the best we possibly could? Yes," he said. "It would probably interfere quite a bit with the training funding."
Even if Cole's proposal passes, local police can continue to seek civil forfeiture, Poggenklass said.
Holder limited the federal program but left in place asset forfeiture in seizures made in joint state and federal operations.
"Holder left a big loophole," Poggenklass said. "If an agency is part of a joint state-federal task force, the door is wide open for civil asset forfeiture."
The ACLU and the Tea Party are among the groups supporting the legislation, Cole said by email on Friday.
"I understand the goal of the forfeiture law is to take the profit out of crime," he wrote, "however, it is fundamentally un-American for the government to take someone's property when they have never been convicted of a crime."
Still, the bill may not have a real chance of passing.
"We know law enforcement opposes it," Poggenklass said. "Anytime law enforcement opposes a bill in Virginia, it's an uphill battle."
Gary Harki, 757-446-2370, gary.harki@pilotonline.com
Maybe, just MAYBE, they don’t need the SWAT deployed for every warrant served. Or the armored personal carrier, or the full body armor, or the automatic weapons, or...
Seems those jack-boots need a LOT of ‘extra’ $$
=8O
Back in the 80’s, drugs was what it was all about. And people cheered.
I would have to disagree. They've always claimed it was about drugs, but it really has all been about the money. I was pretty disgusted back then with the supporters of this garbage as well.
I suspect we're really arguing semantics here though. :-)
Well, yeah, it’s about the money, but the Drug War was the original selling point. Gonna take down those kingpins (how’d that work out, by the way?).
About as well as everything associated with the war on drugs.
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