Pubdate: Tue, 21 Dec 2004 Source: Knoxville News-Sentinel (TN) Copyright: 2004 The Knoxville News-Sentinel Co. Contact: http://www.knoxnews.com/ Details: http://www.mapinc.org/media/226 Author: Scott Barker Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture) AVOIDING PAPERWORK IN SEIZURES 'ROUTINE' The Knox, Blount and Loudon county sheriff's offices routinely circumvent the state's process for seizing cash and property from drug crime suspects, lawyers defending a pair of Loudon County deputies said Monday. The practice, a state official said, doesn't conform to state law and could lead to corruption. T. Scott Jones and Craig L. Garrett said dodging the state's forfeiture law is standard for the three counties. Jones and Garrett said suspects could avoid red tape, long waits and a $350 bond by skirting the state-mandated process. Jones and Garrett said their clients, Loudon County Chief Deputy Tony Aikens and Deputy Paul E. Curtis, did not file paperwork with the Tennessee Department of Safety after seizing $9,649.25 from Soddy-Daisy resident Eddie W. Witt following a traffic stop in 2002. Witt was charged with three traffic and two weapons violations. The deputies confiscated the cash after a police dog indicated the presence of drugs in the vehicle. Officers didn't find drugs, but are allowed under state law to confiscate property they believe to be connected to drug offenses. Officers worked out a deal for Witt to contribute $9,649.25 to the sheriff's office drug fund in exchange for keeping his vehicle and the remaining $10,000. The Department of Safety has no record of the Witt seizure, spokeswoman Beth Denton said. "That's nothing out of the ordinary," Jones said. "It's done every day." Ordinary or not, the practice doesn't conform to state law, a Tennessee Department of Safety lawyer said. "Anything that is seized under the Tennessee Drug Control Act must go through the Department of Safety," said Deborah Martin, a Nashville-based lawyer for the department. Martin said the practice also presents an opportunity for corruption, since the Department of Safety process provides a paper trail for seized property. "There's always a possibility (of corruption) because we're dealing with human beings," Martin said. In the Witt seizure, the Loudon County Sheriff's Office deposited the money into its drug fund, which is what would have happened with the cash if the proper procedure had been followed. Though the Department of Safety oversees the hearing process, it has no regulatory authority over local agencies. Martin said the department depends on statewide annual training, audits, reports from the public and media accounts to make agencies follow the procedures. The statutes governing forfeitures don't contain punishments for law enforcement agencies that break the law. The laws - primarily regarding drug and certain alcohol offenses - require agencies to obtain forfeiture warrants from a sessions court judge within five days of the confiscation of property. The agencies have seven days to file the warrant with the Department of Safety, which then schedules hearings. The legal actions are part of a civil process unrelated to any criminal charges that might arise. For example, Witt was not charged with a drug violation when the Loudon County deputies confiscated his money. Agencies can negotiate settlements, state officials have said, though the officer who seized the property can't be involved and the Department of Safety has to sign off on the deal. Jones and Garrett said they have defended many clients who've had property seized by law enforcement agencies and that the practice of avoiding the process is commonplace. "That is routinely done," Garrett said. Blount County Sheriff Jim Berrong confirmed his deputies negotiate settlements with the owners of seized property without filing the proper paperwork but refused to comment further. "I'm not going to get into (an argument) with the Department of Safety," Berrong said. "I'm not commenting on it either way. "We're not breaking the law," he added. "We know what the law is." Loudon County Sheriff Tim Guider wouldn't comment on the Witt seizure or the Department of Safety's position on settlements. Guider said seizures are "supposed to go through proper channels. We're going to follow the law." Knox County Sheriff Tim Hutchison did not return a phone call seeking comment. - ---