Post by shoreman on Nov 9, 2006 17:32:03 GMT -5
Police revise seizure policy
Critics aren't satisfied; money can still be seized on the spot.
By ANTHONY CORMIER and MICHAEL A. SCARCELLA
www.heraldtribune.com/apps/pbcs.dll/article?AID=/20061109/NEWS/611090314
BRADENTON -- Bradenton police have revised and reinstated a policy that allows officers to seize cash and property from criminal suspects, but critics say the changes don't go far enough.
For years, the city police department has used a contract -- dubbed a "Contraband Forfeiture Agreement" -- to sidestep the court system, allowing officers to take money on the spot, sometimes from people who were never charged with a crime.
Officers have funneled hundreds of thousands of dollars into department coffers as people sign away their rights to the money through the little-known document, which has been criticized by defense attorneys and legal scholars throughout the state.
Following a complaint that questioned the legality of the agreements and a volley of accusations from critics, the department suspended the forfeiture policy and asked city attorneys to review it.
On Wednesday, the department's top brass reinstated the agreements after removing the words "Contraband Forfeiture Agreement" and adding a section that allows a person five days to rescind the waiver.
Said Bradenton police Maj. William Tokajer: "Unofficially, I'll tell you this: If someone does rescind their waiver, we'll probably take the money into evidence and then go through the courts."
Police forfeitures are common in Florida and are seen as a way to strip the profit out of drug dealing and other criminal activity. Local and state agencies reinvest money and property seized under the Florida Contraband Forfeiture Act.
Legal experts say the vast majority of agencies rely on the state forfeiture laws that call for a judge to determine the merits of forfeiture -- not a police officer.
The Bradenton Police Department is among a handful of agencies, including Miami-Dade County and Cocoa Beach, that bypass the courts and instead use a contraband forfeiture contract.
Bradenton uses the money from its seizures to pay for equipment, drug abuse prevention and community-based programs. The bank account has reached $150,000 in recent years.
Defense attorneys say eschewing the courts in forfeiture cases poses a potential for abuse.
In several Bradenton cases, officers took cash from people who were not charged. In other cases, police have been forced to return the cash after people challenged the seizures in court.
Last year, for example, a judge ordered Bradenton police to return more than $7,000 to a man because there was no evidence that he signed a forfeiture agreement.
Police reportedly told a woman in another case that "things would go a lot smoother" if she signed over her money.
Miami-based attorney Ronald S. Guralnick, a forfeiture expert, said Wednesday that police do not have a right to take away a person's right to have a judge review forfeiture cases.
"This is the problem with the police system. These people think they are Chuck Norris and can do whatever they want to do," Guralnick said. "They work for us. They should never forget that."
Even though Bradenton reinstated its forfeiture program Wednesday, it may not remain in place.
Attorneys for a man named Delane Johnson, who signed over more than $10,000 to police in July, are challenging the constitutionality of the forfeiture agreement.
Johnson's attorneys want a judge to force the police to use the courts in forfeiture cases and to stop negotiating with people as they are arrested.
On Wednesday, Circuit Judge Marc Gilner gave the Bradenton Police Department 30 days to respond to court papers Johnson's attorneys filed that challenge the forfeiture program.
Varinia Van Ness, Johnson's attorney, said she was pleased the judge did not outright dismiss her effort to force Bradenton police to change their ways.
Van Ness said the revision of the police contraband agreement doesn't go far enough.
"What's going to happen to the people in jail who don't have the ability to consult a lawyer or write a letter in five days?" Van Ness asked.
"Is that really sufficient time? Is the person any better informed when they signed it?"
City attorney Bill Lisch said he and other city officials had not decided how to respond to the lawsuit. What is clear, however, is the city's stance on the agreements.
"They sign the waiver," Lisch said, "and that's that."
Critics aren't satisfied; money can still be seized on the spot.
By ANTHONY CORMIER and MICHAEL A. SCARCELLA
www.heraldtribune.com/apps/pbcs.dll/article?AID=/20061109/NEWS/611090314
BRADENTON -- Bradenton police have revised and reinstated a policy that allows officers to seize cash and property from criminal suspects, but critics say the changes don't go far enough.
For years, the city police department has used a contract -- dubbed a "Contraband Forfeiture Agreement" -- to sidestep the court system, allowing officers to take money on the spot, sometimes from people who were never charged with a crime.
Officers have funneled hundreds of thousands of dollars into department coffers as people sign away their rights to the money through the little-known document, which has been criticized by defense attorneys and legal scholars throughout the state.
Following a complaint that questioned the legality of the agreements and a volley of accusations from critics, the department suspended the forfeiture policy and asked city attorneys to review it.
On Wednesday, the department's top brass reinstated the agreements after removing the words "Contraband Forfeiture Agreement" and adding a section that allows a person five days to rescind the waiver.
Said Bradenton police Maj. William Tokajer: "Unofficially, I'll tell you this: If someone does rescind their waiver, we'll probably take the money into evidence and then go through the courts."
Police forfeitures are common in Florida and are seen as a way to strip the profit out of drug dealing and other criminal activity. Local and state agencies reinvest money and property seized under the Florida Contraband Forfeiture Act.
Legal experts say the vast majority of agencies rely on the state forfeiture laws that call for a judge to determine the merits of forfeiture -- not a police officer.
The Bradenton Police Department is among a handful of agencies, including Miami-Dade County and Cocoa Beach, that bypass the courts and instead use a contraband forfeiture contract.
Bradenton uses the money from its seizures to pay for equipment, drug abuse prevention and community-based programs. The bank account has reached $150,000 in recent years.
Defense attorneys say eschewing the courts in forfeiture cases poses a potential for abuse.
In several Bradenton cases, officers took cash from people who were not charged. In other cases, police have been forced to return the cash after people challenged the seizures in court.
Last year, for example, a judge ordered Bradenton police to return more than $7,000 to a man because there was no evidence that he signed a forfeiture agreement.
Police reportedly told a woman in another case that "things would go a lot smoother" if she signed over her money.
Miami-based attorney Ronald S. Guralnick, a forfeiture expert, said Wednesday that police do not have a right to take away a person's right to have a judge review forfeiture cases.
"This is the problem with the police system. These people think they are Chuck Norris and can do whatever they want to do," Guralnick said. "They work for us. They should never forget that."
Even though Bradenton reinstated its forfeiture program Wednesday, it may not remain in place.
Attorneys for a man named Delane Johnson, who signed over more than $10,000 to police in July, are challenging the constitutionality of the forfeiture agreement.
Johnson's attorneys want a judge to force the police to use the courts in forfeiture cases and to stop negotiating with people as they are arrested.
On Wednesday, Circuit Judge Marc Gilner gave the Bradenton Police Department 30 days to respond to court papers Johnson's attorneys filed that challenge the forfeiture program.
Varinia Van Ness, Johnson's attorney, said she was pleased the judge did not outright dismiss her effort to force Bradenton police to change their ways.
Van Ness said the revision of the police contraband agreement doesn't go far enough.
"What's going to happen to the people in jail who don't have the ability to consult a lawyer or write a letter in five days?" Van Ness asked.
"Is that really sufficient time? Is the person any better informed when they signed it?"
City attorney Bill Lisch said he and other city officials had not decided how to respond to the lawsuit. What is clear, however, is the city's stance on the agreements.
"They sign the waiver," Lisch said, "and that's that."