Pubdate: Mon, 26 Jun 2000
Source: Kansas City Star (MO)
Copyright: 2000 The Kansas City Star
Contact:  1729 Grand Blvd., Kansas City, Mo. 64108
Feedback: http://www.kansascity.com/Discussion/
Website: http://www.kcstar.com/
Related: http://www.mapinc.org/drugnews/v00/n858/a11.html

FINALLY, POLICE HERE DECIDE TO FOLLOW DRUG-MONEY LAW

It took far too long, but the Kansas City Board of Police Commissioners 
finally has come down on the right side in the issue over drug-seizure 
money. The board has ordered the Police Department to obey the Missouri law 
that directs law-enforcement agencies to turn over most money and property 
seized in drug cases to education.

The board's example of following the statute should be a model for all 
police departments in Missouri -- and elsewhere.

Members of the police commission took another positive step in their 
meeting on Thursday. They decided not to contest a lawsuit brought by 
Missouri Attorney General Jay Nixon over $3.5 million in cash and property 
held by the Police Department. By law, which the department now will 
follow, the assets should have gone to public education.

Even though the issue appears to have been resolved in Kansas City, some 
law enforcement agencies in Missouri are not complying fully with the 
forfeiture law. This evasion is depriving schools of their rightful share 
of drug-related seizures.

State Sen. Harry Wiggins, a Kansas City Democrat, told the police 
commission in a letter Monday that he would reintroduce legislation in the 
2001 General Assembly to force law enforcement to conform to the law. He 
sponsored an identical measure this year. It passed the Senate but was 
rejected in the House in the final minutes of the session.

"I cannot believe the highly respected law-enforcement agencies in Missouri 
would want to become involved in a questionable scheme of asset forfeiture 
after drug seizures either by evading what Missouri law intends or through 
some devious process diverting funds through the federal law to controvert 
Missouri law," Wiggins told the board, adding there may be some confusion 
in interpreting the statute.

Wiggins summed up the problem that has marred the credibility of law 
enforcement in Missouri.

An investigation by The Kansas City Star revealed that police have been 
sending seized assets to a federal law-enforcement agency. This agency then 
transfers part of the assets back to the police.

That practice skirts the state law that requires the assets be used mainly 
for education, not law enforcement. A conflict of interest occurs when law 
enforcement directly benefits from asset seizures.

Law enforcement, by evading the law, has placed itself in an embarrassing 
and untenable position. It is forcing action to get the General Assembly to 
require taxpayer-supported agencies to follow state law.

That is incredible. No law-enforcement agency should defy the law in this way.

The General Assembly, with the leadership of Wiggins, should take any 
action necessary to mandate compliance with the drug-seizure law.
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MAP posted-by: Jo-D