As a police officer in Bath Township during the late 80s and until
1994, I was part of a process called Civil Asset Forfeiture. This
process was intended to take away the money and property of drug
dealers. As the property officer, I deposited thousands of dollars
our officers took from people. I later sold at auction the vehicles
those dollars were found in. In looking back I am mightily ashamed
of what I did. Let me tell you why.
In about 80% of the cases no drugs were ever found in the vehicles
and the owners of the money were never charged with a crime. Being
in possession of 900 or 1200 or 2,000 dollars in cash gave our
officers "probable cause" to believe the owners were drug dealers
and the money came from drug sales. No doubt some were drug
dealers. No doubt some were not. I was part of the process which
did take money from law-abiding citizens.
"Those were the Wild Wild West days of forfeiture" a Mid-Michigan
prosecutor remarked recently. "Officers are supposed to be able to
link the cash to drugs." he added. However, if the case never goes
to court, the officers never have to prove anything. And that is
what happened time after time. Persons who have 1400 dollars taken,
discover a lawyer's fee could easily be the amount of money seized.
Even if they won in court, the best they could do is break even.
Civil trials take from 6 to 12 months to be heard. The seized
vehicles are often worth only 2 or 3 thousand dollars. No Mercedes
or BMWs were ever seized by my department.
Unfortunately, there have been no substantive changes in state law.
Federal law has been changed. There were so many abuses that even
the Republicans passed a bill to require that any property seized
had to be found in proximity to illegal drugs. Michigan police
officers are only restricted by their department's internal
guidelines, if they have any. This huge cash cow for police
departments continues to influence what officers do on the street.
Can you blame them? Prosecutors like the law because they collect
10% of the money seized. Does the smell of money affect a
prosecutor's decision? You know the answer.
I don't have the personal resources to give back the money we took.
Nor do I know who were the honest citizens who happened to carry a
significant amount of cash the day they were stopped. I only can
say I am very sorry from the bottom of my heart for my role in the
taking of your property. I am working to end the prohibition of
drugs which caused this nightmare in the first place. Please
forgive me.
Howard J. Wooldridge
Law Enforcement Against Prohibition...www.leap.cc
Keller, Texas