Pubdate: Mon, 07 Mar 2016 Source: Sun-Sentinel (Fort Lauderdale, FL) Copyright: 2016 Sun-Sentinel Company Contact: http://www.sun-sentinel.com/sfl-letters-to-the-editor-htmlstory.html Website: http://www.sun-sentinel.com/ Details: http://www.mapinc.org/media/159 Authors: Grover Norquist and Jorge Marin Note: Grover Norquist is founder and Jorge Marin is a federal affairs manager at Americans for Tax Reform. Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture) PRIVATE PROPERTY CONFISCATION BIG PROBLEM IN FLORIDA Usually, when Americans think about the idea of officers of the law confiscating property with no warrant, trial or conviction they come up with two things: tin-pot dictatorships and dystopian movies. Unfortunately for Floridians, they should also think about their own legal code. This is what a controversial legal process is all about - property confiscation on the spot. Civil asset forfeiture is the practice of taking someone's property based solely on the suspicion of a crime. The property is seized by the police on the spot and will then go directly into the pockets of the agency who made the confiscation. It may sound ridiculous, but after decades of use, police departments now take advantage of profits from taking people's stuff in order to pad their budgets. Consider the case of Tan Nguyen. Nguyen had an excellent night at the casino, earning $50,000 in cash and cashier's checks. His excitement was cut short at the sight of police lights. Nevada Deputy Lee Dove stopped him on the road and proceeded to inspect the car. The deputy found no drugs, or much of anything ... except the cash. The money was seized because the deputy claimed he smelled marijuana and proceeded to warn Nguyen to drive off and "forget this ever happened." Fortunately, Nguyen won an ensuing case and had his property returned to him plus legal expenses. Not everyone is so lucky. Florida lags behind most states in property protections against asset forfeiture - this has led to $20 million per year in confiscations through asset forfeiture. Since agencies are not required to report the actual amount of assets seized, the full amount is unclear. This has got to stop. There have been widespread instances of abuse against Floridians who are either never convicted - or charged - with a crime The fact is most law enforcement officials are honest, hardworking individuals who put their lives on the line for their communities. These abusive laws were not written by them. The tension that asset forfeiture causes is the result of a poorly conceived idea whose time has passed. Fortunately, the Florida Legislature has been discussing fixes to civil asset forfeiture. Senate Bill 1044, for instance, would allow for asset seizure and forfeiture but under the necessary conditions required to protect the rights of the innocent. The new law would require both an arrest prior to the seizure of assets and proof, beyond a reasonable doubt, that the property in question was connected to the crime for assets to be forfeited by the seizing agency. This eliminates the perverse situation wherein property can be taken without any due process. The Fifth Amendment exists precisely to protect Americans from the kind of tyranny inherent in civil asset forfeiture, and it's time to recognize this. To be sure, more needs to be done to protect Floridians. For one, assets seized should not incentivize police by going directly into their budgets. Rather, they should go to the Legislature's general fund where it can have the proper oversight of elected representatives. Moreover, the anti-federalist practice of "equitable sharing" should be curbed. Equitable sharing is a federal process with which state police can use the federal government's own rules to go around state protections. In fact, Florida law enforcement gets $7 million per year in unaccountable funds using this method. Other states already have cut the federal-local cord, Florida should too. States like New Mexico, North Carolina, Michigan, and recently Wyoming, have all reformed their civil asset forfeiture regimes. The world has not ended for these states, instead, their citizens have additional protections without harming the ability of law enforcement to do its job. Florida is not a tin-pot dictatorship. It is also not a dystopia. It is an American state that has demonstrated respect for the taxpayer and respect for the rule of law. This makes the need to ensure civil liberties all the more important. Tallahassee should be a leader on civil asset forfeiture, and now, with this new focus on due process, it has a perfect opportunity to do so. - --- MAP posted-by: Jay Bergstrom