Exposing search and seizure abuse

Fighting the good fight

[Reprinted from Issues & Views August 6, 2001]

When it was announced in March that Karen Dillon of Missouri's Kansas City Star had won the Goldsmith Prize for Investigative Reporting, those of us familiar with her work let out a cheer. Never was a recognition more deserved. In fact, if the Founders did, indeed, think of the press as the watchdog of government, it must have been journalists like Dillon whom they hoped would do the watching.

The Goldsmith Prize honors journalism which "promotes more effective and ethical conduct of government, the making of public policy, or the practice of politics by disclosing excessive secrecy, impropriety and mismanagement, or instances of particularly commendable government performance."

Last year, Dillon wrote a series of articles that revealed the nature of "asset forfeiture," the practice whereby law enforcement officers can seize the property of citizens, whether or not any crime has been committed. The Star's readers learned the details of what happens time and time again when state or local policemen stop cars or invade homes, usually in quest of illegal drugs. Even with no evidence of crime, drug-related or otherwise, law agencies throughout the country have been seizing whatever cash is found in a suspect's home, and confiscating cars and other assets.

It was discovered that a game is played between the local and federal agencies, whereby the city or state officers who do the arresting of a suspect, hand over the seized goods to the federals, who, in turn, take their cut of the loot, and then return the balance to the local police. (Why the transfer to the Feds? Because some states have laws against police agencies profiting from seized assets, whereas federal law allows it.) All of this activity takes place before any court action involving the suspect has transpired. Dillon's articles show how the country's "drug warriors" enrich themselves through this search and seizure ploy, and how important to them is the continuance of the "drug war."

As laws moderating asset forfeiture are passed in various states, Dillon discovered that police agencies were coming up with ever more ingenious ways to evade them. Thwarting the laws that give citizens Fourth Amendment protection seems to be routine in many police departments, as officers rely on legal technicalities to get around state laws. The incentive to engage in questionable searches is great for those who profit handsomely. When, last year, a forfeiture reform bill was vetoed by the Governor of California, due to intense police pressure against the bill, a supporter of the bill claimed, "They are motivated by the money that comes from asset seizure."

Karen Dillon's articles, that helped to arouse a sleeping public, have been widely distributed and are still influencing discussion about police practices and conflict of interest, in particular, and the "drug war" in general. She continues to write on the subject and this year reported on the lucrative windfall of the Colby, Kansas police department, that invested last year's forfeiture take of $2.1 million. The 10-officer department invested this nest egg and now looks forward to reaping $120,000 each year in interest.

Some of the discourse in Dillon's interviews of police officers might leave a reader speechless. What country am I living in?, one might be tempted to ask. For example, when informed about a projected Kansas law that would require a suspect's conviction before his property could be taken, a county sheriff claimed that the lawmakers "need to leave us alone and let us do our job." Leave them alone?

Another sheriff vowed that he would fight any law that was designed to shift the profits from seized assets to education programs and away from police departments. He swore that he would find ways around such a law, since, said he about the bounty, "We are not going to work for it and not get it."

Thanks in part to Dillon's diligent work, there is good news. This May, Missouri's Governor Bob Holden signed a bill that makes it harder for the police to keep the assets that come from seized properties. At the signing, Holden said, "This act will hopefully restore the public's confidence in how police handle seizures, particularly in the area of confiscated funds."

Dillon knows that there is much work ahead, but momentum seems to be building on the side of reform. In some states, legislators have introduced new laws, while in other states, voters have passed ballot initiatives to curb police abuse. Lawmakers in several states are reviewing forfeiture laws with an eye to formulating new bills.

Click here for a special page on Karen Dillon's work on the Kansas City Star's website.

For more information on the subject of asset forfeiture and efforts to reform the practice, visit the websites of:

Forfeiture Endangers American Families (FEAR) - and -The Lindesmith Center

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