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