Pubdate: Wed, 14 Feb 2007
Source: Bradenton Herald (FL)
Copyright: 2007 Bradenton Herald
Contact:  http://www.bradenton.com/mld/bradenton/
Details: http://www.mapinc.org/media/58
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

SEIZURES ARE SUSPECT

Ruling Should Cause Bradenton Police To Halt Waiver Policy

Before they expose taxpayers to further financial risk, Bradenton 
police should stop asking suspected criminals to surrender cash and 
waive their right to appeal the forfeiture in court.

On Monday, 12th Circuit Court Judge Peter Dubensky rejected the city 
of Bradenton's motion to dismiss a legal challenge by 20-year-old 
Delane Johnson, who signed a waiver document and handed over $10,200 to police.

The police stopped Johnson outside a Bradenton apartment building 
last year. Officers suspected Johnson of selling drugs but found none on him.

Instead, Johnson was charged with a misdemeanor for failing to report 
a financial transaction exceeding $10,000. The charge was later 
dropped, and Johnson is seeking return of the money.

Bradenton police have collected tens of thousands of dollars for 
municipal use through these waivers, which sidestep a state law. That 
law allows officers to seize cash and property if they can later show 
probable cause -- in court -- that the items were gained in criminal activity.

Although this week's ruling applies to only one case, Dubensky -- a 
former state prosecutor and public defender -- made it clear that the 
city's waivers circumvent safeguards meant to protect citizens from 
unconstitutional seizures.

In Johnson's case, the judge determined that "the contract and the 
circumstances surrounding the making of the contract fail to comply 
with even the rudimentary elements of due process."

The judge continued with a scathing review of the waiver policy. 
"Taken to its logical extreme," Dubensky wrote, the police "could 
present this agreement to any citizen stopped for any reason and 
request forfeiture of any item of property" in exchange for signing the paper.

"It is not remotely conceivable that the citizenry would countenance 
such a state of affairs," the judge wrote.

If the city wants to keep Johnson's cash, Dubensky ruled, the 
department must show probable cause in court. His ruling could prompt 
others to seek the return of money or property seized by the city.

Mayor Wayne Poston, whose duties include serving as the city's police 
commissioner, said no review of the policy is planned until the 
Johnson case is completed. "Obviously, we'll do whatever the judge 
says. If he says we ought not to do (waivers), that's fine," Poston said.

In a meeting with Herald-Tribune Editorial Board members last month, 
Bradenton Police Chief Michael Radzilowski said he had misgivings 
about the policy at first. "Initially, I was very torn with it," the 
chief said. "I didn't like it."

But a citizens advisory council, attorneys and others urged him to 
continue the policy to combat drug-dealing, he said.

"I'm really looking to the judge for guidance," he said, referring to 
Johnson's challenge. "I want to do the right thing, and I want to 
follow the law."

The judge's guidance arrived in forceful words this week. Now it's 
time for Bradenton officials to do the right thing.
- ---
MAP posted-by: Beth Wehrman