Anti Federalist
04-15-2010, 11:01 AM
How Police Can Profit by Seizing Private Property
http://www.39online.com/news/local/kiah-asset-forfeiture-story,0,5910144.story
Harris County seized $12.5 million in private property in 2009 by using the civil forfeiture law, which allows assets used in criminal activity to be taken. One man is fed up now that his property is being seized even though he didn't commit the crime.
Jason Volentine KIAH
9:52 PM CDT, April 14, 2010
What if police took your property because someone else used it to commit a crime?
It may sound strange, but it can actually happen. It's called civil forfeiture and Harris County makes millions doing it.
Zaher A El-Ali sold a 2004 pickup to a man who was making payments. But when the man got a felony DWI in 2009 and could no longer pay, Harris County told Ali it would be keeping the truck rather than returning it to Ali.
"This law here is wrong. What they did to take my truck is wrong," said Ali.
Ali is named in the county's lawsuit to seize the truck which Ali still holds the title to. Harris County said it is seizing it because it was used to commit felony DWI.
"Whatever it is, he did it, not the truck. The truck does not drink," said Ali.
The truck is still in the impound lot and it will stay there. But Karen Morris with the Harris County D.A.'s office said that Ali, like any title holder, will eventually get the money he was still owed from the county.
"Lien holder's rights are absolutely protected," said Morris.
But Ali won't get the truck because Texas has the right to seize an asset used to commit a felony. Then, the county can sell it to help fund law enforcement and the courts. It's a technique used across the country.
"Most crimes are done for profit. Narcotics trafficking: profit. Gun running: profit. Human trafficking: profit. One way to try to combat that is to remove the profit," said Morris.
But a group called the Institute for Justice fights against civil forfeiture, calling it policing for profit. The group is helping Ali fight his case, arguing that it's abuse of power that someone doesn't have to be convicted, or even charged with a crime to have their assets seized in civil court.
Last year, Harris County seized $12.5 million. The average per year is about $7 million. But Morris said it's hardly an abuse of power.
"I think it's a misunderstanding the public has that… if a police officer stops a car and there's $30,000 in it that they just get to go spend $30,000," said Morris. "All that's overseen by a judge who makes sure there are checks and balances."
(Never once is it addressed if that person did something wrong. They just take it, while a judge watches. - AF)
But Ali still feels it's wrong he must deal with a court to argue over his own property.
"I wind up paying [a] good sum of money for something I didn't do," he said.
All states allow civil forfeiture and all but Maine let the police keep part of the profits.
In Harris County the police keep 70 percent of the seized property.
http://www.39online.com/news/local/kiah-asset-forfeiture-story,0,5910144.story
Harris County seized $12.5 million in private property in 2009 by using the civil forfeiture law, which allows assets used in criminal activity to be taken. One man is fed up now that his property is being seized even though he didn't commit the crime.
Jason Volentine KIAH
9:52 PM CDT, April 14, 2010
What if police took your property because someone else used it to commit a crime?
It may sound strange, but it can actually happen. It's called civil forfeiture and Harris County makes millions doing it.
Zaher A El-Ali sold a 2004 pickup to a man who was making payments. But when the man got a felony DWI in 2009 and could no longer pay, Harris County told Ali it would be keeping the truck rather than returning it to Ali.
"This law here is wrong. What they did to take my truck is wrong," said Ali.
Ali is named in the county's lawsuit to seize the truck which Ali still holds the title to. Harris County said it is seizing it because it was used to commit felony DWI.
"Whatever it is, he did it, not the truck. The truck does not drink," said Ali.
The truck is still in the impound lot and it will stay there. But Karen Morris with the Harris County D.A.'s office said that Ali, like any title holder, will eventually get the money he was still owed from the county.
"Lien holder's rights are absolutely protected," said Morris.
But Ali won't get the truck because Texas has the right to seize an asset used to commit a felony. Then, the county can sell it to help fund law enforcement and the courts. It's a technique used across the country.
"Most crimes are done for profit. Narcotics trafficking: profit. Gun running: profit. Human trafficking: profit. One way to try to combat that is to remove the profit," said Morris.
But a group called the Institute for Justice fights against civil forfeiture, calling it policing for profit. The group is helping Ali fight his case, arguing that it's abuse of power that someone doesn't have to be convicted, or even charged with a crime to have their assets seized in civil court.
Last year, Harris County seized $12.5 million. The average per year is about $7 million. But Morris said it's hardly an abuse of power.
"I think it's a misunderstanding the public has that… if a police officer stops a car and there's $30,000 in it that they just get to go spend $30,000," said Morris. "All that's overseen by a judge who makes sure there are checks and balances."
(Never once is it addressed if that person did something wrong. They just take it, while a judge watches. - AF)
But Ali still feels it's wrong he must deal with a court to argue over his own property.
"I wind up paying [a] good sum of money for something I didn't do," he said.
All states allow civil forfeiture and all but Maine let the police keep part of the profits.
In Harris County the police keep 70 percent of the seized property.