The write-up below by Eapen Thampy was originally posted over at ForfeitureReform.com:
Last Friday, the ACLU announced it had reached a settlement with officials in the East Texas city of Tenaha and Shelby County in a class-action lawsuit (Morrow v. City of Tehana, et al) filed over some 140 traffic stops that resulted in illegal forfeitures of property by law enforcement. From the ACLU’s press release:
“…it is estimated police seized $3 million between 2006 and 2008 in at least 140 cases. Police officers routinely pulled over motorists in the vicinity of Tenaha without any legal justification, asked if they were carrying cash and, if they were, ordered them to sign over the cash to the city or face charges of money laundering or other serious crimes.
Almost all of the stops involved Black and Latino drivers. None of the plaintiffs in the case were ever arrested or charged with a crime. The seized assets were used to enrich the defendants’ offices and themselves.
“This was a brazen case of highway robbery, plain and simple,” said Elora Mukherjee, a staff attorney with the ACLU Racial Justice Program. “Law enforcement needs to focus on protecting the communities they serve, not on policing for profit. This far-reaching settlement radically alters how officers in Tenaha and Shelby County can go about their daily duties and protects all motorists driving along Highway 59.”
In May the Houston Chronicle reported on the worst of the extortions faced by motorists by the Tenaha police, which included threats to take children from their parents:Authorities in a Texas town under investigation for allegedly shaking down motorists for their cash sometimes used the travelers’ children as bargaining chips in their attempt to seize money, records show…
“They basically said, ‘If you all want to leave without going to jail tonight and take your kids with you, then you’ll sign over your money right now,’” Jennifer Boatright, a Houston mother of two, said in an interview describing her encounter with local officials…
The involvement of children adds another element to a case that has especially troubled critics of civil asset forfeiture laws. Those laws allow authorities to seize cash or other property if they believe it’s linked to criminal activity, even in cases where defendants aren’t found guilty.
In two of the Tenaha incidents, authorities separated a small child from one couple pulled over in a traffic stop and threatened to do the same to another, according to case documents.
“This just shows how law enforcement can place the desire for profits above the interests of children,” said Scott Bullock, senior attorney for the Institute of Justice, a libertarian public interest law firm headquartered in Arlington, Va., that has studied civil asset forfeitures nationally.
CNN in 2009 reported on how some of the proceeds of these illegal seizures were used:[Roderick] Daniels told CNN that one of the officers who stopped him tried on some of his jewelry in front of him.
“They asked me, ‘What you are doing with this ring on?’ I said I had bought that ring. I paid good money for that ring,” Daniels said. “He took the ring off my finger and put it on his finger and told me how did it look. He put on my jewelry.”
Texas law states that the proceeds of any seizures can be used only for “official purposes” of district attorney offices and “for law-enforcement purposes” by police departments. According to public records obtained by CNN using open-records laws, an account funded by property forfeitures in Russell’s office included $524 for a popcorn machine, $195 for candy for a poultry festival, and $400 for catering.
In addition, Russell donated money to the local chamber of commerce and a youth baseball league. A local Baptist church received two checks totaling $6,000.
And one check for $10,000 went to Barry Washington, a Tenaha police officer whose name has come up in several complaints by stopped motorists. The money was paid for “investigative costs,” the records state.
The abuses in Tenaha, along with the concurrent felony prosecutions of Jim Wells County Joe Frank Garza (misappropriation of 0ver $3 million in forfeiture funds) and Kimble County District Attorney Ron Sutton (took his entire office staff to Hawaii for a conference), spurred a reform effort in the Texas Legislature. SB 316, sponsored by Sen. John Whitmore, was passed by the Legislature and became Texas law on September 1, 2011. The Texas Courts Municipal Education Center describes this legislation:
In response to reports of abuse of asset forfeiture provisions when property is seized in connection with a controlled substance offense, the Legislature has provided stricter guidelines for the use of funds obtained through forfeiture actions and added language to close a loophole regarding the forfeiture process.
Current language prohibits a peace officer from obtaining a waiver of interest in seized property at the scene of a roadside stop. However, the language is inapplicable to attorneys representing the State. S.B. 316 amends Article 59.03 of the Code of Criminal Procedure extending the prohibition against obtaining a waiver of property interest prior to the filing of a civil forfeiture action to such attorneys. Notably, under Article 59.01 “attorney representing the State” includes city attorneys acting in a forfeiture procedure.
Subsections added to Article 59.06 of the Code of Criminal Procedure provide guidance on permissible uses for forfeited property and procedures for the disposition of such property. Under the new provisions, 40 percent is to be allocated to the seizing department, 30 percent to the prosecuting attorney’s office, and
30 percent to the general revenue fund. A list of prohibited uses is added to the article and includes: donations and political contributions, training and travel expenses, the purchase of alcoholic beverages, and payment of salaries for prosecutorial or law enforcement employees.The bill also sets forth accountability procedures, including audits, designed to ensure the appropriate handling and use of seized assets. The Office of the Attorney General is authorized to seek injunctive relief and/or civil penalties not to exceed $100,000 per violation of Article 59.06.
Detailed reporting requirements concerning the use of forfeiture funds and an auditing process are also added to the Code. The new regulations will be effective on assets seized and expenditures made after the act becomes effective September 1, 2011.
Texas prosecutors, however, won some significant victories in the Legislature that undermined the effectiveness of the bill. In a “Note to DA’s on Asset Forfeiture Reform”, the Texas District & County Attorneys Association said last June:
One bill still pending in conference committee is SB 316 by Whitmire/Gallego. A conference committee report was issued in which all the House floor amendments—including the one giving the AG rule-making authority over your expenditures—were stripped out (except for one harmless change regarding the state auditor). Included in those “dead amendments” was language related to drug-related seizures by DPS troopers that was designed to encourage DPS to keep those cases in the state system. DPS has been working overtime to get that back in, and earlier today, the House rejected the conference committee and returned it to the Senate with a request that the DPS amendments be restored. This also opens up the bill to other amendments directed at one particular judicial district. However, what’s most important to note is how vital it was that we got the AG’s rule-making amendment repealed before the House sent the bill back to the Senate. If not for your quick action, that language would also now be in play again. So, once again, pat yourself on the back for a job well done—having to ride herd on that bad idea all weekend would’ve really spoiled our holiday!
In other words, while SB 316 went a long way to prevent the abuses of Tenaha, it would still be desirable to increase the rule-making authority of the Texas Attorney General forfeiture expenditures made by Texas law enforcement, and it would be desirable to pass legislation aimed at keeping Texas forfeitures in the state system. In the absence of the latter restriction, Texas law enforcement will just use the federal “Equitable Sharing” arrangement with federal law enforcement agencies to dodge the restrictions of state law on their power to seize and use cash and property with great discretion and little oversight. A further ideal reform would be to send forfeiture proceeds directly to the general fund for legislative appropriation, a check that do much to reconnect law enforcement priorities with democratic desires and accountability.
Tenaha Police Department
Phone: (936) 248-5942
Fax: (936) 248-5942
A related post from the Chicago Tribune
Overall a solid write-up by Eapen that really demonstrated the harms caused by individuals acting on bad ideas – in this case, the belief that theft of property is ok (asset forfeiture) for some based on their place of employment. How can the stealing of rightfully-acquired property go from being wrong to right based on the dress of the actor?
While the post offers recommendations on how to try to band-aid the situation, no where is it suggested that it’s the institution itself – rife with perverse incentives – that is the thing that needs undoing.
If you think the situations described in Eapen’s write-up are not ideal how can you support any degree of “legalized” theft? Because at it’s core, that defines asset forfeiture. -Pete
Gasoline, tires, matches. Burn one alive in the town square in front of his family as a warning to others. Only such actions can deter lawless cops.
From what I read, the civil fortiture is still in place, only with some rough guidlines. Its not like anyone who had their money seized will see a check in the mail.
I’d rather have a doper’s money go to a youth baseball team, then for them to buy more potting soil or another Trans Am.
Keep up the good work Texas law enforcement!
I’m with you, Lakewood! Burning drug dealers in the town square would send a message to all those lawless cops. Let those cops know that that is how the law should take matters into their own hands. Did your mom drink during pregnancy? You at least must’ve had a rattle painted with led paint. I work for my money. Who gives two shits about a bunch of loser dopers and hippies getting their stuff forfeited? Not me. Maybe the cops can use the money for training and buying more gasoline, rags and 2″x4″s.
Hey Common, why don’t you go knock up Lakewood’s sister? At least the I.Q. of his family bloodline might have a chance of expanding beyond the stagnant 78 it has been stymied at for all generations before.
@common, I suppose the really innocent ones will just have to live with their losses?
Finally, something that shines through the bullshit. They never consider anyone targeted by cops could be innocent. They obviously never read the article, but why should I expect a cop or copsucker to be capable of such a feat?
Gasoline, rags and 2x4s? What are you planning to do with that? Read the original comment again, and work on coherence. Perhaps you are unaware of the uses of the actual three items I listed. With the basic incoherence you display, that would not surprise me in the slightest.
I’ll help. Google necklacing. That is what should happen to cops who violate the public trust.
Forfeiture laws are unconstitutional bullshit. The government can’t take your property without due process… unless it says your property is suspected as the proceeds of criminal activity. And they don’t need to prove shit. Just say it. Then the government can say “fuck you, due process” and laugh. So fuck your baseball team, Common.
@Assholes Jason and No Sense
What part of the Constitution that stated no seizure of property without due process did you not understand? This is nothing more than robbery, and you know it. If they thought this was all actual drug money, they would arrest over it. Not blackmail their victims into giving it up by threatening children. Anyone who supports that is sick in the head.
People have the right to use cash if they choose, without you putting your nose in their finances. I’ve maintained large amounts of cash myself, and all earned legally.
Tell me, what happened to the concept of you actually have to prove they are guilty of something?
Common isn’t interested in my sister. She is an adult. He has already stated his dick is hard for my greatly underage daughter. Read his previous comments and his pedophillic rant.
Go Team Blue.
CommonScents,
Look up the news reports on youtube. You will see that there were some very suspicious activity on the “Police’s” part. Also, the city’s administration was very suspect. Do a little more investigation before commenting.
Just Sayin’.
older sister? well, she has to be better then her mother…
I have no doubt that these cops took money from some of the wrong people… but come on. 3 million over a 3 year period!!!?? Ya’ll can’t deny that alot of that IS dope money heading to mexico.
And for a state where non-hispanic whites are a MINORITY… I’m not surprised to see that the cops down there stop hispanic people… since there are alot of them!! Would be like us complaining about campus police….stoping college kids.
“older sister? well, she has to be better then her mother…”
Look, we don’t want to hear about what goes on when you leave your mother’s basement. That should be between you, your mother, and your sister alone.
That’s kind of the point PSOSGT. They are taking money from honest people through extortion. You want to seize drug money? Take them to court and convince a jury.
But you’re pissing all over the Constitution when you take someone’s money without a trial. And how do you think people react when you threaten their freedom children so you can take the money?
Honestly, please keep it up. Your talk right there can do more to convince the ignorant in the streets as to how corrupt you are than any speech I make.
And while your at it, why don’t you got tell the good people of your town you’re fine with seizing their honest money as long as you also get drug money.
Reading about these drug money siezures remindes me of this story.
http://losangeles.grubstreet.com/2012/04/waitress-can-keep-twelve-thousand-dollar-tip.html
This was a real sad testament to the fact that when police see money they get greedy like anyone else. I am all for these monies being taken if they are obtained from illegal activities but its sad when innocents are fucked over by the police. In the above link, the police saw new toys in their future and tried to screw over a decent hard working woman for doing the right thing!!
It takes a cop to assume that any money on the road is “dope money” headed to Mexico. How about “innocent until proven guilty”? ANY of you cops that agree with the concept of asset forfeiture are thieves, and should be stripped of your badges. Making it legal to steal somebody’s money/goods without even the charging (much less convicting) of any criminal violation is a giant piece of shit that begs for abuse and corruption. Cops routinely lie, cheat, conspire, and commit other felonious acts against the public they are sworn to protect. So why would we ever think asset forfeiture laws would be abused (LOL)?
Lakewood,
I’m really starting to doubt your service affiliation. I was in the service for many, many years, and people as unstable and prone to violence as you were usually weeded out. “Burning somebody alive in front of their children”, or in one of your other posts you suggest burning up the kids alive as well. I would advocate death by slow torture to anybody who was responsible for killing a child. To suggest doing so by a means as horrible as burning alive shows at best mental instability and at worst sociopathic thinking patterns that are as dangerous to your next-door neighbor as to the cops you profess to hate so much.
I care not a whit your opinion of my affiliation, mental stability or anything else. Cops have been given a free ride too long. They will never understand stern words and days off are supposed to be punishment. Read PoliceOne for sociopathy, armed and ready to stop your daughter or wife.
“I care not a whit”.
Ha ha ha, who the fuck says that?! Other then male nurses with dellusions of grandeur of course…
“Ha ha ha, who the fuck says that?!”
I guess that is what pedophiles say.
Did you read the article I linked about the lefty troll outed by a blogger who had no reason to keep his info secret and tracked his IP? My offer still stands at a $500 donation for CS IP address. Transaction can be made at the email I posted for access to the site.
And since I can gather your entire study of the English language has centered on pornography, comic books and wikipedia I would not expect you to understand anything written without breasts, a 4 color fistfights or little blue numbers you forget to delete.
Certain,
So the cops who got off with a wrist slap for setting on fire then shooting to death a 7 year old in Detroit during a botched raid should be slowly tortured to death? Then we have a point of agreement. Our difference is in degree, not philosophy.
Not even close. Although I do agree that the cop that shot that kid should be held just as accountable as any other gang member who kills an unintended target, I do not suggest that the cops kids be held accountable as well and be burned alive or be forced to watch their father being burned alive. You don’t harm kids, period. No matter what their parents do. What, they have some fucking control over it? I believe in PERSONAL responsibility for your actions. That means YOU are held accountable. Not your kids, not your dogs, not the fucking mailman, YOU. So we are in complete agreement as far as abusive shit-bag cops go, but not only would I defend a cops kids from you, I’d probably do my best to thin you out if you tried to harm them.
Held acountable? Terse note in personnel file. Paid vacation. That is what held acountable means to a cop. They do not understand that killing a little girl you set on fire is wrong, because all of their previous beatings and dog killings went unpunished. When will they ever learn if the penalty for murder is time off?
Poor Gaylord…
…and all it took were some words on a screen.
(by the way, the cop in Detroit was charged criminally, more then a year ago)
” They do not understand that killing a little girl you set on fire is wrong….”
So it’s wrong for them but OK for you? I’m having trouble understanding your logic. And I said held accountable like any other gang member. Most of them go to prison for a long time if they kill little kids.
They are almost never held to account. Have you been paying attention to this site?