Pubdate: Wed, 10 Mar 1999 Source: Times Union (NY) Copyright: 1999, Capital Newspapers Division of The Hearst Corporation Contact: Box 15000, Albany, NY 12212 Feedback: http://www.timesunion.com/react/ Website: http://www.timesunion.com/ Forum: http://www.timesunion.com/react/forums/ Author: Carol DeMare - Staff Writer PROPERTY SEIZURE MEASURE DEBATED Albany -- Law would expand confiscation of goods in drug cases The Albany County Legislature is considering adopting a law allowing authorities to seize cash and vehicles from drug suspects arrested on misdemeanor charges. The measure, being pushed by Albany Democrat Gary Domalewicz, would allow cops to seize up to $1,000 in cash and $5,000 in other property. Currently, seizures above the $1,000 and $5,000 thresholds -- including real estate assets -- are provided under federal asset forfeiture laws in all drug cases, including misdemeanors. The proposed law is similar to one passed by Rensselaer County authorities last fall. But some legislators and defense attorneys believe the proposal tramples on a defendant's rights. Legislator Lucille McKnight, a Republican who represents the South End, said the law is particularly hurtful to minorities. "We feel there are bad race relations and a police brutality issue in our city,'' McKnight said. "Many people of color are wrongfully targeted,'' she said, so there are natural "concerns about them confiscating stuff even with misdemeanor searches.'' "We cannot support a local law that will historically confiscate people's belongings,'' she said. "This would really give (law enforcement) a license to steal.'' Property seized during an arrest is held pending the outcome of the court case. A conviction is required for permanent forfeiture. Defense attorney Gaspar M. Castillo said forfeiture laws "ignore the presumption of innocence, that's number one, and secondly, the fact that you happen to have money, even if you allegedly have committed a crime, doesn't connect the money with the crime.'' "There are a lot of reasons people carry around cash,'' Castillo said. "That doesn't connect with any kind of illegality.'' Such a law, he said, would be another way to give "government big power to impose upon the little guy where the little guy doesn't have a lot of redress.'' At a meeting Monday, Inspector John F. Burke, who heads the Albany County Sheriff's Department's drug interdiction unit, and Albany city Detective Timothy Murphy, a member of the sheriff's drug unit, urged lawmakers to adopt the measure. "There are a lot of people in and out of the city,'' carrying various amounts of money, Burke said. As it stands now, "from $1 up to $1,000 is not seizable,'' if a misdemeanor is involved, he said. He mentioned a recent arrest at Crossgates Mall on a misdemeanor drug charge where the suspect was carrying $960 in cash. Eventually, the money was returned to him, because there was no law on which to hold him, Burke said. Burke's unit makes numerous arrests at the city's bus station, picking up suspects from New York City who are transporting drugs to Albany and cities west of here or arresting upstate residents who travel to the city to buy narcotics. By not passing the law, drug dealers and other low-level criminals could perceive the wrong message, Murphy said. "This is an opportunity for the city to send out a loud and clear message that we have a county we are proud of,'' he said. To pass, the law needs a simple majority of the 39-member legislature. The law was scheduled to be voted upon at Monday's meeting, but Domalewicz moved to table it when it was apparent the bill would be sent to the Law Committee to review its constitutionality. The proposal can reappear on the legislature's agenda at its next meeting, April 12. After the meeting, Domalewicz was angry that he was forced to table it. "It's outrageous that the legislature can play politics with public safety,'' he said. County Attorney Michael Lynch advised legislators that the law could be unconstitutional, but Domalewicz said, "We have five other counties in the state that have this law in effect, and their attorneys don't believe it's unconstitutional.'' In a letter, District Attorney Sol Greenberg said he supports the law. Last fall, Rensselaer County District Attorney Ken Bruno successfully lobbied for passage of a similar law by the county legislature. The forfeiture law covers various "quality of life'' crimes that involve misdemeanor charges, such as drugs, gambling and prostitution. Nothing has been seized so far in Rensselaer County. Bruno's staff plans to train law enforcement officers to familiarize them with the new law before any seizures take place, a spokeswoman said. Bruno modeled the law after one in Columbia County that allows confiscation of proceeds of a crime, such as cash paid for drugs, or the "instrumentality of a crime,'' such as a van used in a string of burglaries or a car used to deliver drugs. In Schenectady County, legislators are studying a proposal in committee. - --- MAP posted-by: Don Beck