From: [h--le--n] at [hprpcd.rose.hp.com] (Helen Nusbaum) Newsgroups: misc.legal Subject: The New Bounty Hunters Date: 26 Jul 93 21:53:57 GMT The New Bounty Hunters By Steven Meinrath* Bounty hunters have never had a very good name. And for a good reason. The idea of law enforcement being pursued for profit has, understandably, been something most Americans, including most law enforcement officials, have been extremely uncomfortable with... until now. The new term for bounty hunting is asset forfeiture and the State Legislature is currently considering whether or not to continue, or indeed to expand, this State's asset forfeiture law. Before we get too enthusiastic about claims that we can put major drug dealers out of business by seizing their million-dollar estates and Lear-jets, we need to give some serious thought to whether we want our law enforcement agencies motivated by their duty to protect and serve or by the need to finance their agency. The current asset forfeiture law in California will expire in 1994. That law allows law enforcement agencies to share in the spoils of items they seize from anyone they suspect of having used illegal means to acquire those assets. The law allows them to keep, for their agency's own use, items such as fancy cars, or a portion of the proceeds from the sale of such items, which they have confiscated from citizens who may or may not have been convicted of committing any crime. That's right: to have your home, your car, indeed everything you own seized from you by your local police department for their own use, they do not have to so much as charge you with a crime, much less obtain a conviction. As an attorney I have had the unfortunate task of explaining this new concept in law enforcement to many people who have had their property seized. They universally react the same way: they tell me I must be mistaken. This can not happen in America. When they learn the truth about these statutes, they usually ask how the law could have gone this far. My most memorable experience with asset forfeitures occurred in San Diego where I worked as a deputy Federal Public Defender. There I represented a young man in what was probably the largest, as well as the most ridiculous, asset forfeiture case is U.S. history to date. My client was a young marine biologist on board a $200 million dollar research vessel owned by the world- famous Woods Hole Oceanographic Society. U.S. Customs agents discovered a Sucrets box in this young man's state room on board ship. In the Sucrets box they found one marijuana cigarette butt. You guessed it. They seized the boat. Customs never believed for a moment that this young scientist, who I met in a federal holding cell the next morning, was a drug smuggler. This outrageous abuse of governmental power was undoubtedly some one's idea of a good publicity stunt intended to show off the agency's policy of "zero tolerance" in the area of drug enforcement. It backfired and made the agency a laughing stock. I watched as David Brinkley joked about it on his Sunday morning news show but I did not think it was all that funny. I still don't. In the few short years since then, asset forfeitures in California have become institutionalized. In recent hearings before the Assembly Committee on Public Safety, one proponent of expanding such laws urged the Legislature to act quickly in doing so because local governments need to know whether they can count on these revenues in planning their upcoming budgets. In other words, law enforcement agencies are now being funded with the understanding that they must make up part of their budgetary needs through seizing property from citizens. No stronger incentive has ever existed for the police to abuse their power. Allowing police agencies to retain the spoils of their busts creates a serious conflict of interest between those agencies and the public they are sworn to protect. At some point this will inevitably raise the public's suspicion that government law enforcement agencies are setting their priorities based on what will reap them the greatest reward and not necessarily on what will best serve the public interest. Suppression of violent crime does not usually lead to any large seizure of assets. Therefore, in the future, that may get less attention from the police than looking for indoor marijuana gardens, which could result in a large property forfeiture. While the public may feel controlling violent crime is more important that chasing pot growers, the police will have a vested interest in pursuing their own priorities. Our police officers are public servants, not bounty hunters. Providing them with financial incentives to enforce those crimes which will lead to large seizures of assets is not in the public interest or ultimately in the interest of effective law enforcement. If you agree, please let your state legislator know how you feel. (*About the author: Steven Meinrath is an attorney in Sacramento.)