Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
On the streets, where illegal drugs still are easy to get at affordable prices, New Jersey's police chiefs are losing the decades-long drug war. But, ironically, back in their precinct headquarters, many of these officers depend on drug raids to fatten their operating budgets.
While the drug trade still enriches the bad guys, police chiefs now get a piece of the action. Many states, wary of overzealous police departments, require that proceeds from seized assets be used for education or other nonpolice purposes.
But the 1984 federal Comprehensive Crime Control Act, a turning point in America's war on drugs, is a way to get around these state laws. State and local police, working with U.S. agents, "federalize" money and property seized during local drug raids. The federal government gets at least 20 percent of the seized assets, but the feds give back up to 80 percent of the seizure — now exempt from state law — to state and local police agencies.
According to federal statistics, the share going to New Jersey law enforcement agencies went from $4.8 million in 2000 to $5.6 million in 2007. Nationally, state and local agencies collected $416 million in 2007, up from $212 million in 2000.
Not all police departments ride this drug-raid gravy train. But those that do profit handsomely. Drug-raid income in 2007 totalled $634,000 for the Newark Police Department, a big increase from $184,000 in 2000; the Passaic County Sheriff's Office took in $1 million in 2007.
In 2007, the Middlesex County Prosecutor's Office asset income dropped from $101,000 in 2000 to $3,000; the Monmouth County Prosecutor's Office's tally went down from $71,000 to $64,000, while the Mercer County Prosecutor's Office dropped from $34,000 to $32,000.
The Camden City Police, however, saw a rise in drug-raid income from $23,000 in 2000 to $46,000 in 2007.
Surprisingly, property owners need not be charged with a crime for their property to be taken. The property itself, however remotely associated with the drug trade has, under civil forfeiture laws, "committed" a crime and can be seized.
One study reports that 40 percent of the nation's local police agencies are dependent on seized assets as a necessary budgetary supplement. Why is this bad news?
First, years ago the primary reason police seized assets was to break up the illegal drug-supply lines. Today, however, that original goal has been largely replaced by self-serving budgetary considerations. Citizens now can legitimately ask why their local police force conducts drug raids. Is it to rid the town of drugs or are the raids an easy source of extra income that harms innocent people along the way?
Second, as a department's use of this independent source of funding grows, its dependence on, and accountability to, the town's taxpayers goes down.
Third, if a department's prestige is dependent on how many assets are seized, this gives police chiefs an incentive to push their officers to become more aggressive during raids, make unnecessary raids and cut legal corners.
Here is an example of how greed can pervert law enforcement:
Donald Scott owned a valuable 200-acre ranch in Malibu, Calif. One morning in October 1992, 30 agents, led by the Los Angeles County Sheriff Department, conducted a raid based on faulty rumors that Scott was growing marijuana plants. During the raid Scott was shot and killed by sheriff's deputies. A Ventura County District Attorney's report on the raid concluded "the Los Angeles County Sheriff's Department was motivated, at least in part, by a desire to seize and forfeit the ranch for the government. Based in part upon the possibility of forfeiture, the sheriff's deput(ies) obtained a search warrant that was not supported by probable cause. The search warrant became Donald Scott's death warrant."
What to do? It is time for federal and state legislators to shut down the conflict-of-interest loophole that allows police departments to profit from their official duties at the expense of the very citizens they are hired to protect.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: APP.com
Author: Ronald Fraser
Copyright: 2008 Asbury Park Press
Contact: Contacts for Web site help | APP.com | Asbury Park Press
Website: It's time to question potential conflicts in drug-raid seizure laws | APP.com | Asbury Park Press
While the drug trade still enriches the bad guys, police chiefs now get a piece of the action. Many states, wary of overzealous police departments, require that proceeds from seized assets be used for education or other nonpolice purposes.
But the 1984 federal Comprehensive Crime Control Act, a turning point in America's war on drugs, is a way to get around these state laws. State and local police, working with U.S. agents, "federalize" money and property seized during local drug raids. The federal government gets at least 20 percent of the seized assets, but the feds give back up to 80 percent of the seizure — now exempt from state law — to state and local police agencies.
According to federal statistics, the share going to New Jersey law enforcement agencies went from $4.8 million in 2000 to $5.6 million in 2007. Nationally, state and local agencies collected $416 million in 2007, up from $212 million in 2000.
Not all police departments ride this drug-raid gravy train. But those that do profit handsomely. Drug-raid income in 2007 totalled $634,000 for the Newark Police Department, a big increase from $184,000 in 2000; the Passaic County Sheriff's Office took in $1 million in 2007.
In 2007, the Middlesex County Prosecutor's Office asset income dropped from $101,000 in 2000 to $3,000; the Monmouth County Prosecutor's Office's tally went down from $71,000 to $64,000, while the Mercer County Prosecutor's Office dropped from $34,000 to $32,000.
The Camden City Police, however, saw a rise in drug-raid income from $23,000 in 2000 to $46,000 in 2007.
Surprisingly, property owners need not be charged with a crime for their property to be taken. The property itself, however remotely associated with the drug trade has, under civil forfeiture laws, "committed" a crime and can be seized.
One study reports that 40 percent of the nation's local police agencies are dependent on seized assets as a necessary budgetary supplement. Why is this bad news?
First, years ago the primary reason police seized assets was to break up the illegal drug-supply lines. Today, however, that original goal has been largely replaced by self-serving budgetary considerations. Citizens now can legitimately ask why their local police force conducts drug raids. Is it to rid the town of drugs or are the raids an easy source of extra income that harms innocent people along the way?
Second, as a department's use of this independent source of funding grows, its dependence on, and accountability to, the town's taxpayers goes down.
Third, if a department's prestige is dependent on how many assets are seized, this gives police chiefs an incentive to push their officers to become more aggressive during raids, make unnecessary raids and cut legal corners.
Here is an example of how greed can pervert law enforcement:
Donald Scott owned a valuable 200-acre ranch in Malibu, Calif. One morning in October 1992, 30 agents, led by the Los Angeles County Sheriff Department, conducted a raid based on faulty rumors that Scott was growing marijuana plants. During the raid Scott was shot and killed by sheriff's deputies. A Ventura County District Attorney's report on the raid concluded "the Los Angeles County Sheriff's Department was motivated, at least in part, by a desire to seize and forfeit the ranch for the government. Based in part upon the possibility of forfeiture, the sheriff's deput(ies) obtained a search warrant that was not supported by probable cause. The search warrant became Donald Scott's death warrant."
What to do? It is time for federal and state legislators to shut down the conflict-of-interest loophole that allows police departments to profit from their official duties at the expense of the very citizens they are hired to protect.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: APP.com
Author: Ronald Fraser
Copyright: 2008 Asbury Park Press
Contact: Contacts for Web site help | APP.com | Asbury Park Press
Website: It's time to question potential conflicts in drug-raid seizure laws | APP.com | Asbury Park Press
