Pubdate: Mon, 11 Dec 2006 Source: Sarasota Herald-Tribune (FL) Copyright: 2006 Sarasota Herald-Tribune Contact: http://www.heraldtribune.com/ Details: http://www.mapinc.org/media/398 Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture) UNREASONABLE SEIZURES Bradenton's Weak Defense Of 'Waivers' Bradenton officials continue to defend the Police Department's questionable practice of seizing cash and other property from people, without establishing even probable cause that the items might be linked to a crime. This practice generates money for the city, but it erodes civil rights - - and it could eventually cost taxpayers money. Last week, the city responded to a court challenge by 20-year-old Delane Johnson, who surrendered $10,200 to police when they stopped him outside an apartment building this summer. Police asserted the money was tied to drug activity, but Johnson was never convicted of a crime. Johnson's attorneys contest the validity of documents that Bradenton police have used to take property from people they accuse of criminal wrongdoing. Ordinarily, such seizures occur under the Florida Contraband Forfeiture Act. The act enables law enforcement agencies to seize property but requires that they show probable cause in court that the items are tied to crime. The state standards for seizures aren't strict but they're better than Bradenton's. The city and a few other agencies in Florida have set up an alternate procedure, through which they ask individuals to sign documents waiving their right to appeal -- to a judge -- the seizure of their property. A court conviction is not required for the seizure; in some cases, Bradenton police have taken property from individuals and not charged them with a crime. The practice has drawn criticism from legal scholars and defense attorneys who question its constitutionality. In their court filing, attorneys for Bradenton contend that the waivers are within law enforcement's discretionary powers and are actually not part of the Florida Contraband Forfeiture Act. The latter claim is interesting, given that the documents -- until recently -- bore the title, "Contraband Forfeiture Agreement." The city's attorneys point to court cases in Ohio upholding forfeiture agreements. But the cases cited involved defendants who surrendered property as part of plea agreements with prosecutors -- not documents that bypass judicial review, as these waivers do. Regardless of whether Bradenton prevails in this case, city officials should demand that the police discontinue the use of these waivers and instead pursue forfeitures through the courts, as the Manatee County Sheriff's Office and other local agencies do. - --- MAP posted-by: Beth Wehrman