New Forfeiture Law Proposed for Orange County, NY

The legislature in Orange County, NY is considering enacting a new forfeiture statute proposed by county District Attorney David Hoovler. Though law enforcement in the county already uses both current state and federal statutes, this new county-level statute would provide a "third route" that would keep all of the income from forfeiture within the county. Forty-one percent would be given to the seizing agency, the same as state law, but the rest would be divded between the county government and the District Attorney's office. Orange would join New York City, Nassau, Oneida, Westchester, and Rensselaer counties which all have their own forfeiture statutes.

Canadian Media Sounding the Alarm

A Senior Washington Correspondent for the Canadian Broadcast Corporation warns Canadians about the dangers of traveling with large amounts of cash in America. His travel advice?

Avoid long chats if you’re pulled over. Answer questions politely and concisely, then persistently ask if you are free to go.

Don’t leave litter on the vehicle floor, especially energy drink cans.

Don’t use air or breath fresheners; they could be interpreted as an attempt to mask the smell of drugs.

Don’t be too talkative. Don’t be too quiet. Try not to wear expensive designer clothes. Don’t have tinted windows.

And for heaven’s sake, don’t consent to a search if you are carrying a big roll of legitimate cash.

As the Canadian government notes, there is no law against carrying it here or any legal limit on how much you can carry. But  if you’re on an American roadway with a full wallet, in the eyes of thousands of cash-hungry cops you’re a rolling ATM.

Former Justice Department Officials Slam Asset Forfeiture

The Washington Post continues its barrage of coverage with an op-ed penned by two former federal officials. John Yoder, director of the Asset Forfeiture Office from 1983 to 1985, and Brad Cates, who directed the office from 1985 to1989, have written a stinging indictment of the modern forfeiture program.

Asset forfeiture was conceived as a way to cut into the profit motive that fueled rampant drug trafficking by cartels and other criminal enterprises, in order to fight the social evils of drug dealing and abuse. Over time, however, the tactic has turned into an evil itself, with the corruption it engendered among government and law enforcement coming to clearly outweigh any benefits.

The full op-ed can be read here. Yoder and Cates condemn the many changes made to the practice since the early days, including expanding the scope of property that could be forfeit, allowing law enforcement to keep and use recovered property, and the increasing number of crimes that can trigger forfeiture. They refer to modern civil asset forfeiture and money laundering laws as "gross perversions of the status of government amid a free citizenry" and recommend the complete abolishment of civil asset forfeiture.

Yoder and Cates really hit the nail on the head and pound it flat. Whatever noble intentions these laws were conceived with have been distorted and the amount of abuse this has led to is indefensible.

News Roundup

• Lawmakers in Wyoming will sponsor a bill in the 2015 legislative session that will end civil asset forfeiture in the state.
• George Leef argues for the abolishing of civil asset forfeiture laws in Forbes.
• The Washington Post ran an excellent series on asset forfeiture last week.