Law Enforcement Takes Civil Asset Forfeiture Battle To Legislature

loveless4By Jason Doyle Oden

The Oklahoma Association of Chiefs of Police and the Oklahoma Sheriff’s Association are lobbying lawmakers to oppose Senator Kyle Loveless’ efforts to reform Civil Asset Forfeitures. They have sent letters to the legislators outlining their opposition and why the change would benefit drug traffickers and cartels. However, the letters do not address the changes Loveless has made, including the bill number of the new vehicle for his proposal.

In the Chiefs of Police letter dated January 8, 2016, it outlines a lack of proof there is a problem with law enforcement seizing and keeping the assets of innocent people.

“We’ve seen no evidence to support allegations of widespread abuse of citizens’ rights. Only anecdotal evidence and isolated instances have been offered as “proof” and we strongly contest those claims.”

The letter explains how the seizure of money helps to stem the flow of drugs into Oklahoma. The cartels and drug traffickers make the drugs cheap, so the profits are reinvested to make a bigger supply. It also outlines citizens’ rights if property is taken, but they are innocent of drug charges.

The Oklahoma Sheriff’s Association pleas with lawmakers to reject the reform legislation because it would cripple their drug interdiction efforts on a local level.

“Proposed legislation by Senator Kyle Loveless, if enacted, will virtually eliminate Sheriff’s assets and ability to combat drug dealers and cartels at the county level. Without existing Oklahoma forfeiture laws Sheriffs do not have sufficient funds to continue active enforcement at the current level.”

That letter also outlines safeguards already in place for citizens.

The new version of Loveless’ proposal is Senate Bill 1189. It carves out five exemptions to the conviction requirement in the reforms. Those exemptions include death of the owner, the owner signing away rights to the property, owner has been granted immunity as part of a plea agreement, and property valued over $50,000.

The measure also establishes a shorter time from for a prosecutor to charge a suspect who had property seized by law enforcement. If passed, the property owner would have to be charged within 30 days or the property would be returned. Prosecutors can request a 30-day extension.

Additionally, the new bill funnels the funds to a newly created Forfeited Assets Distribution Fund which is overseen by a citizen oversight board. The board will then issue the money through grants to drug treatment facilities, drug courts and law enforcement agencies.

The reform requires an annual report on forfeiture seizure by law enforcement. Those reports will be open to the public.

Loveless announced the change to his reform proposal recently at a press conference.


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  1. Civil Asset Forfeiture – Policing for Profit « OK Politechs, 07 February, 2016

    […] The McCarville Report – The new version of Loveless’ proposal is Senate Bill 1189. It carves out five exemptions to the conviction requirement in the reforms. Those exemptions include death of the owner, the owner signing away rights to the property, owner has been granted immunity as part of a plea agreement, and property valued over $50,000. […]

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