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Nevada Police Profit from Civil Asset Forfeiture

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las-vegas-680953_1920-300x200At about 11:15 p.m. on July 27, 2018, Anthony Garcia, age 28, and his passenger, Karisma Avila, age 19, were killed in a rollover car crash near Primm, Nevada. Garcia had been driving recklessly, and neither he nor Avila was wearing seatbelts. They were both ejected from the car during the crash and died from blunt-force injuries.

At the scene, police found a duffel bag containing $26,000 in cash as well as two jars filled with 64 pounds of THC cannabinoid oil. Police seized the cash using a procedure known as civil asset forfeiture, which allows law enforcement to take possession of an individual’s assets—such as cash, a vehicle, or a house—if they are suspected of being involved in a crime. In most states, criminal charges do not have to be filed for property to be seized.

In Nevada, law enforcement may receive up to 100 percent of the proceeds of forfeitures. This, critics say, incentivizes police to seize property. Law enforcement agencies are encouraged to spend this money quickly since if an agency’s forfeiture account exceeds $100,000 at the end of a fiscal year, 30 percent of the excess is used to fund local schools. Over the last three years, the Las Vegas Metropolitan Police Department (Metro) has used the proceeds from forfeitures to pay for two K9 units, SWAT equipment, and narcotics testing kits.

“We don’t plan on those funds. If they come and we can use them for the public good, then we do,” said Metro’s CFO, Richard Hoggan.

According to a 2017 study by the Nevada Policy Research Institute (NPRI), civil asset forfeiture actions “disproportionately target neighborhoods with relatively high levels of minorities and low-income residents.” This is true not only in Nevada but also across the country. I have recently reported on similar reports in New Jersey and South Carolina.

According to the NPRI report, two-thirds of forfeitures carried out by Metro in Las Vegas took place in just 12 of the city’s 48 zip codes. While the average level of poverty in those 12 zip codes is 27 percent, it is only 12 percent in the other 36. The non-white population in the targeted areas is 6 percent higher than in the other areas.

Even if the property owner is innocent, it can be hard to get property back. Since asset forfeiture is a civil and not a criminal matter, there is no legal right to counsel. This means property owners have to pay for their own lawyers. Since most forfeitures in Nevada are for property worth under $1,000, fighting to get the property back in court may cost more than the property is worth.

“It’s a very abusive sort of system,” explains Tom Pitaro, a lawyer based in Las Vegas. He recalled a client whose vehicle was not returned for ten years. “They put it in a lot somewhere, and when he got it back, there were weeds growing out of the engine block.”

The $26,000 found in Garcia’s car is currently tied up in a civil asset forfeiture lawsuit. According to court records, the family of the deceased have been named as possible claimants.

Civil Asset Forfeiture Attorney

If your lawful property has been seized, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced civil forfeiture defense attorneys.

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2019-03-11 Nevada Law Enforcement Agencies Profit from Forfeiture Cases

Alabama Takes Steps to Reform Civil Asset Forfeiture

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alabama-1611179_1920-300x287After the Supreme Court ruled last month that the Excessive Fines Clause of the Eighth Amendment applied to states—essentially outlawing excessive police seizures—lawmakers in Alabama are moving forward with reforms of civil asset forfeiture in the state.

Civil asset forfeiture is the legal process where police can seize an individual’s property, cash, or any other assets if they are suspected of being used in a crime. In Alabama there are no requirements for law enforcement to report seizures, so the scale of civil asset forfeitures in the state is hard to assess. Additionally, in order to take an individual’s assets, law enforcement only needs to demonstrate the property’s involvement in a crime to the court’s “reasonable satisfaction.” This is a far lower bar than the “beyond a reasonable doubt” that is required in criminal cases.

“You can be someone who doesn’t have a bank account,” said Carla Crowder, the Executive Director of Alabama Appleseed Center for Law and Justice. “You’re driving down the road. You get pulled over in a traffic incident, and the police find $1,500 in the car because you’ve just cashed a paycheck. When the officer sees the cash, he or she can take it. The police are taking small amounts of cash and property and not having to prove people were involved in a crime.”

While last month’s Supreme Court decision addressed situations where the value of civil asset forfeiture seizures was not proportionate to the crime—in the case they considered, Tyson Timbs’ $42,000 vehicle was seized after he sold $400-worth of heroin—the majority of cash forfeitures in Alabama are small. The Southern Poverty Law Center examined 1,000 cases of civil asset forfeiture in the case and found that the average amount seized was $1,372.

In Alabama, 100 percent of the proceeds from seizures is retained by law enforcement, providing an incentive for police to seize property. “This is an example where police agencies—instead of pursuing fairness and justice—are pursuing profits,” explained Crowder. “That’s just not how the criminal justice system should work. The system should be designed to keep communities safer and treat people fairly, not for police officers to make a profit off of innocent citizens’ property.”

Last year, an attempt by lawmakers to reform civil asset forfeiture in the state failed in the face of opposition from both law enforcement and the state’s district attorney. Arthur Orr (R-Decatur) and Arnold Mooney (R-Birmingham) cosponsored legislation which would have required a criminal conviction before assets could be permanently seized. Had it passed, the legislation would also have stopped law enforcement receiving the proceeds of forfeitures.

This year, Mooney has partnered with the Alabama Law Enforcement Agency and the Alabama Districts Attorneys Association to build a system to track civil asset forfeitures in the states. On March 1, district attorneys began collecting civil asset forfeiture data for later submission to the new tracking database.

This year, lawmakers are expected to introduce a bill similar to the earlier one. Mooney believes the database is an important first step. “I can’t overstate the importance to lawmakers of having accurate, reliable information as we look legislatively at civil asset forfeitures,” explained Mooney. “This new system will help paint a clearer picture of what is actually going on in the state.”

Civil Asset Forfeiture Attorney

If your lawful property has been seized, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced civil forfeiture defense attorneys.

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2019-03-08 Alabama Advocates Hope to Reintroduce Legislation Reforming Civil Asset Forfeiture

Supreme Court Decision Reins in Civil Asset Forfeiture

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supreme-court-546279_1920-300x195In a unanimous decision, the Supreme Court yesterday ruled the Constitution bars the use of “excessive fines” by states. This decision has the potential to dramatically change the way civil asset forfeiture is used by law enforcement agencies across the country.

Civil asset forfeiture is the process where law enforcement may take an individual’s property, cash, vehicle, or any other asset if that asset is suspected of being used in a crime. In most states, it is relatively simple for police to take an individual’s property but hard for innocent owners to get their property back.

In addition, law enforcement often keeps the majority of the proceeds from forfeitures. In fact, forfeitures have become a vital source of revenue for many agencies who use the money to fund their departments and buy equipment. Critics of civil asset forfeiture argue that the police are therefore incentivized to seize property. Property is often taken from poorer neighborhoods, groups less likely to be able to afford to pay for a lawyer to help them get their property back.

With little oversight on civil forfeiture, stories of disproportionate seizures are rife. In South Carolina, police attempted to seize the home of Ella Bromell, age 72. The reason? Drug dealers had been selling narcotics on her property. Police felt this gave them good enough reason even though Bromell had attempted to stop the illegal activity on several occasions.

In April last year, I reported on the case of Tyson Timbs who was found guilty of selling $225 of heroin. The maximum fine possible against Timbs would have been $10,000, but law enforcement was able to circumvent this limit using civil asset forfeiture. In addition to assessing a fine of $1,200 in cash, they also seized Timbs’ car worth $42,000.

Timbs is happy with the cash fine he paid in addition to his sentence of one year of house arrest and five of probation. “I committed a crime,” he said. “I did my time and cleaned up my life.” The seizure of his vehicle, however, he felt was disproportionate.

Ultimately, Timbs took his case all the way to the Supreme Court, his lawyer arguing that the Excessive Fines Clause of the Eighth Amendment meant the seizure of Timbs’ vehicle was unconstitutional. Until their decision, the Supreme Court had never ruled that the Excessive Fine Clause applied to states.

After hearing Timbs’ case in November of last year, the Supreme Court issued their 9-0 decision that. According to the decision, Fourteenth Amendment is clear that the Excessive Fines Clause does indeed apply to states.

Justice Ruth Bader Ginsburg wrote the decision on behalf of the other justices, saying, “The historical and logical case for concluding that the Fourteenth Amendment incorporates [i.e., that the Amendment applies at the state as well as the federal level] the Excessive Fines Clause is overwhelming.”

While this decision will not end the practice of civil asset forfeiture, it will rein in heavy-handed use by law enforcement agencies. “People are still going to lose their property without being convicted of a crime,” said Wesley Hottot of the libertarian Institute for Justice. “The new thing is that they can now say at the end of it all, ‘Whether I’m guilty or not, I can argue that it was excessive.’”

Civil Asset Forfeiture Attorney

If your lawful property has been seized, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced civil forfeiture defense attorneys.

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2019-02-20 Supreme Court Limits Police Powers to Seize Private Property

Michigan Senate Passes Civil Asset Forfeiture Reform

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michigan-1191024_1920-300x200Yesterday, the Michigan Senate passed a bill which would require a criminal conviction before law enforcement can permanently take an individual’s assets using civil asset forfeiture.

This is the latest attempt by the legislature to reform civil asset forfeiture laws in the state. Last year, a similar bill passed the House but was never voted on in the Senate. Another bill introduced last year was intended to ensure police officers had adequate training when it came to seizing property. A third bill would have put local forfeiture processes under the domain of state law, making asset forfeiture consistent across the state.

Some reforms have passed, however. In 2016, the governor signed into law a bill that dropped the requirement for citizens to pay 10 percent of the value of their property as a bond if they wanted to challenge a seizure in court. In 2015, the standard of proof needed to process a forfeiture was increased from “a preponderance of the evidence” to “clear and convincing evidence.” While this is an improvement, it still falls short of the standard of proof required in a criminal case which is “beyond a reasonable doubt.”

These reforms come at the same time as several high-profile forfeiture cases have made the news. Last year, I reported on the seizure of Stephen Nichols’ car which was seized in Lincoln Park near Detroit back in 2015. He is still fighting for its return. His case has been in legal limbo for years.

Ryan Chappell was stopped in 2016 returning home from a medical marijuana dispensary. Police seized his Jeep without giving a reason. Shortly before Chappell and his lawyer were to attend a hearing which would compel the police to give the reason they took his car, law enforcement returned Chappell his Jeep. They also dropped all towing and storage fees.

“Ain’t nothing you can do,” said Chappell’s father at the time. “The police are like gangsters. They just take what they want.”

The new bill would require a criminal conviction before police can take permanent possession of or sell seized property as long as that property is worth less than $50,000.

“I don’t think anybody should lose their property until they’re actually convicted of something,” explained Senate Majority Leader Mike Shirkey (R-Clarklake). “I think that’s the essence of this particular bill.”

The bill was sponsored by Pete Lucido (R-Shelby Township) who says the $50,000 limit was a compromise to make sure law enforcement agencies were on board with the bill. They have raised concerns about similar reforms in the past.

“They [law enforcement] believe that anybody that’s having $50,000 cumulative would be called a mule,” said Lucido. “I don’t necessarily agree all the way, but you know, a start is a start, and the direction is right.”

Referring to civil asset forfeiture reform, State Attorney General Dana Nessel said she “conceptually supports” attempts to “strengthen due process rights for everyone.”

The bill passed through the Senate with bipartisan support in a 36-2 vote. The House will now vote on the bill. Last year’s bill passed the House in an 83-26 vote. Lawmakers believe Governor Gretchen Whitmer will sign the legislation into law if it makes it to her desk.

Civil Asset Forfeiture Attorney

If your lawful property has been seized, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced civil forfeiture defense attorneys.

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2019-02-13 Michigan Senate Approves Police Forfeiture Conviction Reform

South Carolina Police Defend Civil Asset Forfeiture

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squad-car-1209719_1920-300x162Last week, I reported on the state of civil asset forfeiture in South Carolina—that between 2014-16, law enforcement agencies seized property and cash worth at least $17 million with little oversight on how those assets were taken or used.

With 95 percent of the proceeds from civil asset forfeitures going to fund law enforcement, it is clear there are incentives for police in South Carolina to carry out civil forfeitures. This is known to critics of civil asset forfeiture as “policing for profit.” Last week, I reported on gatherings where officers could earn prizes for having the most property seizures.

Jarrod Bruder, executive director at the South Carolina Sheriff’s Association, feels it is important that law enforcement keeps this money. “What is the incentive to go out and make a special effort [if law enforcement doesn’t keep the proceeds from forfeitures]?” he asked. “What is the incentive for interdiction?”

Critics of civil asset forfeiture argue that forfeiture should be tied to criminal charges. These criminal cases, they argue, should include proof that the seized assets were used in a criminal offense. Money the criminal happened to be carrying at this time of arrest should not be taken if it was not involved in a crime. In a fifth of forfeitures, no one was charged with a crime.

Travelers Rest Police Chief Benjamin Ford said he believes the system is fair because property owners are able to fight in court to have their property returned. In only 6 percent of cases, however, was property or cash returned in full to the property owner.

In criminal cases, defendants have access to legal counsel, and a high standard of proof is required for conviction. In civil asset forfeiture, however, property owners must pay for their own lawyers, and the standard of proof to forfeit property is much lower, only requiring “a preponderance of the evidence.” In many cases, it costs more to recover seized property than the property is worth.

Facing these obstacles, many individuals feel it isn’t worth fighting for their property.

A majority of seizures are carried out against African Americans—even though African Americans account for only 30 percent of the state’s population, 71 percent of seizures are against black people. Black men account for the overwhelming majority of these cases.

Jimmy Dixon, Clemson police chief, argues the stream of forfeiture money is essential for the operation of police departments. Cutting this income “could potentially shut down our K-9 unit,” said Dixon. “Overall, our ability to conduct undercover narcotics operations could be stifled.”

Jake Mahoney, a lieutenant at the Aiken Police Department, believes funds would have to be taken from their budget to cover drug enforcement operations.

Derek Cohen, executive director at the conservative criminal justice organization, Right on Crime, argues that the police should be fully funded from the budget allotted to them—money which comes from taxpayer dollars and is fully accountable. It should not, he says, depend on how aggressively a police department carries out civil asset forfeitures.

“No one is saying ‘Don’t fund law enforcement,’” said Robert Johnson of the libertarian Institute for Justice. “What we’re saying is law enforcement should be funded without regard to the amount of money that they receive.”

Civil Asset Forfeiture Attorney

If your lawful property has been seized, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced civil forfeiture defense attorneys.

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2019-02-03 Civil Forfeiture – Police Defend SC’s System, Say Seized Cash is Vital