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Sunday, May 08, 2011

Ind. Law - "Police aren't bounty hunters; stop for-profit busts"

This ILB entry from April 29 gives a roundup of the civil forfeiture issue, the Indiana constitution, the pending legislation, and the recent Supreme Court decision.

Saturday the Indianapolis Star published this letter to the editor from Indianapolis resident Lt. Harry Thomas, Cincinnati Police Department (retired):

I was a law enforcement officer when the practice of drug asset forfeiture first came into being. The concept was simple: If we could prove that a suspect had obtained real property using drug proceeds, we could seize the property. This new tactic in the drug war hit drug dealers where they lived.

That lasted until government and law enforcement administrators realized just how much money was out there and how much their budgets could be enhanced by asset forfeiture. The requirement to prove the connection between drug proceeds and assets was dropped. We no longer had to prove that the property was obtained through drug activity, or even to accuse its owner of a crime. If a person had money, we were allowed to take it. It was that simple. If the owner of the money wanted it back, he'd have to file a lawsuit and attempt to prove that the money was not obtained through drug activity. The concept of innocent until proven guilty went right out the window.

Since then, drug asset forfeiture has spiraled out of control. Drug raids using military equipment and tactics that have either been botched or based on fabricated probable cause have resulted in the deaths of dozens of innocent people at the hands of rogue law enforcement officers lusting after money, real estate or automobiles.

It's time for legislators to call a halt. Cops are not bounty hunters, and the practice of for-profit law enforcement must cease. Give the money to the schools. It's true that they'll squander it, but at least they won't kill anyone to obtain it.

SEA 215 is awaiting the Governor's action. It would amend the current law to ensure that less than 15% of forfeiture proceeds go to the Common School Fund. Under the current law, arguably all forfeiture amounts, except for law enforcement costs, are to go to the Common School Fund.

And the current law may itself violate Article 8 of the Indiana Constitution, which requires that all forfeiture money to be deposited in the state's Common School Fund.

The Governor has until Friday, May 13th to act on SEA 215.

Posted by Marcia Oddi on May 8, 2011 01:18 PM
Posted to Indiana Law