Editorial: Sykes Should Admit His Mistake With Civil Asset Forfeiture Reform

Editorial
The Journal Record

Kyle Loveless had the right idea. And it went nowhere.

The Republican state senator was the author of Senate Bill 838, which suffered a quiet death in the Judiciary Committee under the guidance of the committee’s chairman, Anthony Sykes, R-Moore. SB 838 would have changed the state’s asset forfeiture law in two important ways. It would have limited police agencies’ ability to seize assets to cases where someone was convicted of a crime, and it would have sent the money to the general revenue fund instead of directly into law enforcement coffers.

If there was any remaining doubt that some police agencies play fast and loose with asset forfeiture to pad their budgets, the recent boondoggle in Muskogee County should eliminate any lingering doubt. There, the sheriff’s department pulled over Dallas resident Eh Wah for a broken brake light, detained him for six hours and confiscated more than $53,000 in cash. There was no evidence of drugs; none was found on Wah or in his car. The cash was money raised by a Christian rock band to benefit an orphanage; Wah is the band’s volunteer tour manager.

The county returned the money after intense media scrutiny. But the way it works for most people is that the policing agency keeps the money unless the person can afford to go to court and prove it’s theirs. In this case, Wah would have had to return to Muskogee County from his home in Dallas.

There is nothing illegal about carrying cash, even if it’s destined for somewhere less altruistic than an overseas orphanage. It doesn’t matter if it’s $5, $50,000, or $500,000 – carrying cash is perfectly legal. Using a badge to steal the money for your department should not be.

Last week, the governor signed a bill that would allow people like Wah to recover their attorney’s fees if they have to go to court to get their money back. That might make a few more lawyers interested in taking asset forfeiture cases.

But it’s a weak step compared to Loveless’ proposal, which would have taken away the incentive for law enforcement to steal from the people they’re supposed to protect.

We implore the Legislature to find a way to curtail this system of highway robbery. Sykes should admit his mistake of refusing to hear the bill and find a way to reform a broken system.