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Virginia forfeiture laws come under scrutiny
Virginia forfeiture laws come under scrutinyPosted: Sunday, August 2, 2015 5:15 pm
By Mark Bowes Richmond Times-Dispatch
RICHMOND — The more than $62 million in assets seized by Virginia law enforcement from suspected narcotics traffickers and other drug dealers in the past seven years range from the mundane to the insanely extravagant.
On the high end, gold Krugerrand coins, $36,000 diamond-encrusted watches, a $100,000 Porsche, tricked-out chopper motorcycles, $20,000 worth of sneakers, custom 31-foot fishing boats, waterfront homes and piles of cash — as much as $401,200 in a single bust — top the list of loot that police confiscated since 2008 through Virginia’s civil asset-forfeiture program.
Although police seize nearly anything associated with criminal activity, the largest assets in terms of value have been, without exception, cash — totaling millions of dollars a year. ... Nearly $26 million of the $62 million seized has been disbursed so far in civil asset-forfeiture proceedings across the state, with police using the funds to buy Tasers, body cameras, ballistic protective gear, laptops, forensic equipment and additional training for officers.
But the process under Virginia law that police agencies use to have seized assets forfeited to them has come under increased scrutiny this year by liberal and conservative groups and some members of the General Assembly. ... Two bills introduced by Republican legislators in the House and the Senate would have required criminal defendants to be convicted of crimes before any assets they used or gained during the commission of crimes could be forfeited to police. But the legislation ultimately was sent to the Virginia Crime Commission for further study.
....
Proponents of tightening the law, including the American Civil Liberties Union and the Virginia Tea Party Federation, claim police can seize and keep property unless owners can prove they obtained it lawfully — placing the burden of proof on the property owner instead of the state. They said the system creates a built-in profit incentive for police and state prosecutors who file lawsuits to obtain the assets.
By Mark Bowes Richmond Times-Dispatch
RICHMOND — The more than $62 million in assets seized by Virginia law enforcement from suspected narcotics traffickers and other drug dealers in the past seven years range from the mundane to the insanely extravagant.
On the high end, gold Krugerrand coins, $36,000 diamond-encrusted watches, a $100,000 Porsche, tricked-out chopper motorcycles, $20,000 worth of sneakers, custom 31-foot fishing boats, waterfront homes and piles of cash — as much as $401,200 in a single bust — top the list of loot that police confiscated since 2008 through Virginia’s civil asset-forfeiture program.
Although police seize nearly anything associated with criminal activity, the largest assets in terms of value have been, without exception, cash — totaling millions of dollars a year. ... Nearly $26 million of the $62 million seized has been disbursed so far in civil asset-forfeiture proceedings across the state, with police using the funds to buy Tasers, body cameras, ballistic protective gear, laptops, forensic equipment and additional training for officers.
But the process under Virginia law that police agencies use to have seized assets forfeited to them has come under increased scrutiny this year by liberal and conservative groups and some members of the General Assembly. ... Two bills introduced by Republican legislators in the House and the Senate would have required criminal defendants to be convicted of crimes before any assets they used or gained during the commission of crimes could be forfeited to police. But the legislation ultimately was sent to the Virginia Crime Commission for further study.
....
Proponents of tightening the law, including the American Civil Liberties Union and the Virginia Tea Party Federation, claim police can seize and keep property unless owners can prove they obtained it lawfully — placing the burden of proof on the property owner instead of the state. They said the system creates a built-in profit incentive for police and state prosecutors who file lawsuits to obtain the assets.