Pubdate: Sat, 09 Sep 2000 Source: Miami Herald (FL) Copyright: 2000 The Miami Herald Contact: One Herald Plaza, Miami FL 33132-1693 Fax: (305) 376-8950 Website: http://www.herald.com/ Forum: http://krwebx.infi.net/webxmulti/cgi-bin/WebX?mherald Author: Caroline J. Keough Bookmark: additional articles on asset forfeiture are available at http://www.mapinc.org/af.htm DRUG-STAINED CASH WIDESPREAD IN SOUTH FLORIDA Broward County sheriff's deputies seized $1,589 from a trespassing suspect in April after drug-sniffing dogs detected traces of drugs on the money. Last week, Circuit Judge Robert Lance Andrews told them to give it back. Andrews' rationale: South Florida's cash supply is so infected with illicit drugs that law enforcement officials can't seize money just because a police dog doesn't like its smell. "It is easily conceivable that anyone in South Florida who was carrying U.S. currency would `alert' a narcotics-sniffing dog," Andrews wrote in his ruling on the case. Nationally, critics say cash seizures are becoming increasingly common -- to the point that law enforcement agencies rely on them to purchase extras for their departments. But Andrews says decisions like his to strike down such forfeitures are also on the rise. "Appellate courts are moving in the direction I'm moving," Andrews said. "I think [law enforcement agencies] are abusing forfeiture statutes. . . . There is a lot of money involved." The Broward sheriff's officials, which seized $1 million last year, did not return phone calls. The money seized last year helped pay for extra school resource officers, crime prevention programs and drug abuse education. In the ruling, Andrews cites studies by toxicologists, other court cases, and even a 1985 Herald story describing how $20 bills were taken from community leaders -- including then-Dade County State Attorney Janet Reno, Jeb Bush, the Archbishop of Miami, former Broward Sheriff Nick Navarro and others. ALL TAINTED Every one of the bills, except Navarro's -- which had just come from the bank -- tested positive for narcotics. "I think Judge Andrews made the right decision -- you can find drug-tainted money in anyone's wallet," Navarro said. "Cocaine is a powder, so it gets on everything, and as an undercover officer, I remember seeing people roll up bills and use them as straws to snort lines of cocaine." In the case before Andrews, the money was seized from Rosendo Louis, who was sitting in front of an unoccupied house in Pompano Beach when he was arrested and charged with trespassing. Sheriff's officials said there had been complaints of drug activity in the area, but they weren't responding to a specific complaint when they arrested Louis, who has a record of drug arrests. Sheriff's officials searched Louis and found $1,589, mostly in small bills, which they said was consistent with street-level drug dealers. A drug-sniffing dog detected the narcotics on the money. The sheriff's office asked Andrews to approve their seizure of the money under laws that allow police to confiscate money or property used in the commission of a felony. Seizures are a civil proceeding that carry a lighter burden of proof than a criminal case, so a defendant can be found innocent of a crime but still have their money or property seized as a result of their arrest. Money can become tainted when it is packaged with drugs, when a user rolls up a bills and uses it as a straw to snort powdered drugs, or when a drug user who has residue on their hands simply handles the bills. DRUGS SOAK IN "Especially here in this humid climate, it soaks right in," said Jack Denaro, a Miami criminal defense attorney who was the first to prove just how tainted the South Florida money supply was. Denaro was defending an accused drug dealer in 1985, and a key piece of evidence against the man was the fact that police dogs found drugs on the money. After researching drug-sniffing dogs, Denaro quickly realized he wouldn't be able to attack their accuracy in court. "The dogs are excellent, so there was no way I could go into court and say the dogs would alert on something other than drugs," Denaro said. "So the alternative was that maybe they're ultra-sensitive, they'll alert on things that have only microscopic traces of drugs. It was just a theory, so I decided to test it." So Denaro sent a chemist to withdraw money from several banks throughout Dade County, then test it. Nearly all of the cash tested positive for narcotics. "After we did it here . . . it became a legal standard over time," Denaro said. Navarro argues that the money in South Florida is as tainted by drugs now as it was more than a decade ago; Fort Lauderdale defense attorney Kevin Kulik, who was a Broward prosecutor in the mid-1980s and now handles drug cases and forfeitures, said maybe not. "It's a totally different thing these days," Kulik said. "I would still expect a large percentage of the currency to be tainted. But back then, powder cocaine was so much more prevalent, and it was a drug of affluent people. There was no such thing as crack rock, which is what's really taken over now." Herald staff writer David Green contributed to this report. - --- MAP posted-by: Thunder