GEORGIA ANGLE

Georgia has a long history with civil forfeitures. Officials say it has helped agencies combat crime, but critics have warned of abuse. Story,

Wednesday’s U.S. Supreme Court ruling, limiting the use of civil forfeitures, could hinder law enforcement agen- cies’ ability to keep their communities safe, warns the executive director of the Georgia Sheriffs’ Association.

“This has been the greatest crime-fighting tool we’ve ever utilized,” Terry Norris said in reaction to the unanimous decision. “People who choose to violate the law by selling drugs or other means don’t pay taxes and make a lot of money. Their stuff is the only thing they value.”

Justices ruled that the Eighth Amendment ban on excessive fines applies to state and local governments. The decision stemmed from an Indiana case where a man’s $40,000 Land Rover was seized after he sold drugs to undercover officers. Lower courts ruled the action was “grossly disproportional”

to the offense, but the Indiana Supreme Court said the Eighth Amendment did not protect against state-imposed fines or forfeitures.

The nation’s highest court had the final word.

In 2017, a libertarian group gave Georgia a grade of C-minus for its laws that allow agencies to seize property or cash that authorities suspect is connected to crime. The middling grade was a step up from the D-minus the Insti- tute for Justice conferred in 2010, tagging Georgia as one of the worst states when it came to protecting residents from unjust seizures.

Georgia legislators revised civil forfeiture law in 2015, adding restrictions and reporting requirements. Separately, the U.S. Department of Justice then all but shut down the practice.

Officials from the Geor- gia Association of Chiefs of Police and Georgia Sheriffs’ Association welcomed former U.S. Attorney Gen-

eral Jeff Sessions’ announcement two years ago that the department would reinstate “adoptive forfeiture.” Georgia agencies have used seized assets to pay for bulletproof vests, squad cars and other equipment, Norris said.

“Certainly, there’s been abuses. By and large, the law was being appropriately utilized,” he said. “Offenders were being punished and taxpayers were getting a little bit of a benefit. Those expenditures will fall back on property owners and state and local taxpayers. It’s going to be devastating.”

Gwinnett District Attorney Danny Porter has had a different take on things. His office has declined seized assets previous law would have allowed, he said in a past interview. “My opinion is that it’s my job to eradicate the drug trade, not live off of it,” he explained.