Pubdate: Sun, 14 Oct 2001
Source: Charlotte Observer (NC)
Copyright: 2001 The Charlotte Observer
Contact:  http://www.charlotte.com/observer/
Details: http://www.mapinc.org/media/78
Author: Nichole Monroe Bell
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

DRUG UNIT'S SEIZURES STIR DEBATE

Lawyers Fear Abuse When Those Arrested Are Asked To Sign Papers Before 
Being Represented

ROCK HILL -- Since police departments across York County joined forces to 
fight drugs three years ago, officers have seized more than $370,000 in 
cash and property from people suspected of selling and buying drugs, 
records show.

Police and prosecutors say the money has allowed them to buy needed 
equipment to further their operations, saving taxpayer dollars. But some 
defense lawyers say the county's forfeiture process is unfair because 
suspects are being asked to sign away their money immediately after being 
arrested and before they've had a chance to consult a lawyer.

According to York County Multijurisdictional Drug Enforcement Unit records, 
officers seized $373,953 in cash and property from October 1998 to the end 
of August 2001. Much of the money and property was taken from suspects 
during house raids and undercover drug buys.

Of the money that the drug enforcement unit has seized, about $354,000 of 
it was forfeited to police, prosecutors and the state. Most of the rest is 
still tied up in court, and only a tiny amount went back to the people it 
was taken from.

Police and prosecutors say that although they're not required to by law, 
they give suspects a form explaining that they have a right to let a judge 
decide whether authorities can legally keep the seized money. Most suspects 
sign a form forfeiting the money anyway.

"Most will sign it over because they know they're caught. They know it's 
drug money," said Marvin Brown, commander of the drug enforcement unit. "We 
don't wink and nod and make them think they're going to get a deal."

Cash, Property Seized

Most of what is seized during drug arrests is cash, but police also 
occasionally take cars, guns and knives and other items they believe were 
purchased with drug money or used to help sell drugs.

Derek Chiarenza, a Rock Hill defense lawyer who worked in the prosecutor's 
office for four years, says the practice is unfair.

Chiarenza said that defendants, confused and ignorant of their rights, 
often sign away their money thinking prosecutors will go lighter on the 
criminal charges. Those who don't sign away their money, Chiarenza said, 
see their cases languish for months in the court's backlog of cases.

"Defendants are often encouraged to sign over their assets at the time of 
arrest, and I think that's a violation of due process," said Chiarenza, who 
will be sworn in this week as a judge for the new Drug Treatment Court. 
"They're not represented by an attorney, and at that time it's really not a 
level playing field."

Rock Hill lawyer Adrian Cooper, who also is the legal redress chairman for 
the National Association for the Advancement of Colored People, agrees. 
Cooper said he would like prosecutors and police to stop using the consent 
form, and instead let a judge decide all cases.

Cooper said most suspects don't know what they're doing when they sign form 
forfeiting their property.

"A lot of times they'll come to me wanting to do something about it, and 
I'll find out that they signed the form and it's too late," Cooper said. 
"There's nothing I can do but tell them not to do it again."

Brown said he understands the concern of defense lawyers, but said that 
officers do not pressure suspects to sign over their property. Brown said 
he does tell suspects that if they take the case to court, the process 
could take months, during which their money or property is held. Brown said 
he tries hard not to intimidate suspects.

"Sometimes they are a bit fuzzy-headed because they just got arrested, but 
it's not like we have five officers standing over them in a jail cell," 
Brown said. "We try to make things as neutral as possible."

What The Money Buys

Deputy 16th Circuit Solicitor Kevin Brackett, whose district includes York 
County, said his office has used drug forfeiture money to buy audio-visual 
equipment for trials. Brown said police use most of their money to conduct 
more drug buys and catch more suspects.

Six law enforcement agencies - the Rock Hill, York, Tega Cay, Clover and 
Fort Mill police departments, as well as the York County Sheriff's Office - 
make up the drug enforcement unit. They have used the money to buy unmarked 
police cars, surveillance equipment, guns and a ballistic shield.

"I think (the system is) one that goes above and beyond what the law 
requires," Brackett said. "It's one that takes the profits from illegal 
narcotics and puts that money in the hands of those who are trying to stop it."

Brown said he wants the public to understand that officers only target 
people who deal or sell drugs, and that a judge reviews every forfeiture, 
including those where the suspect has signed a consent form.

He said on a few occasions, new police officers have seized legitimate 
money, but those incidents were quickly resolved and the money returned.

"We don't stop people on the street and take their money for no reason," 
Brown said. "No police officer profits from seizing money. Yes, we may get 
a ballistic shield once and a while, but most narcotics officers don't know 
where the money goes. We don't take money from innocent people."
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