The Oklahoman

Legislator­s line up to debate seizure of property by police

- BY RICK M. GREEN Staff Writer rmgreen@oklahoman.com

State Sen. Kyle Loveless is once again filing a bill that would prohibit authoritie­s from keeping property seized from people who are not convicted of a crime, and once again the legislatio­n is being criticized as an affront to law enforcemen­t.

The Oklahoma City Republican was unable to get such a measure out of committee last year. He has added new elements to try to make it more palatable this time.

Rep. Scott Biggs, R-Chickasha, a former assistant district attorney, is already lining up in opposition. He and others in the law enforcemen­t community say the current system is not broken and doesn’t need to be fixed.

If police seize property from a person on the belief that it is tied to criminal activity, a judge ultimately has to approve the seizure, he said. If the person challenges it and prevails, the state would pay attorney fees.

“This is nothing but an attack on law enforcemen­t,” Biggs said. “It’s like they are saying this is a police state and we are

taking people’s property.

“Nothing is being stolen on the side of the road. There is notice and due process and a judge has the final say, not officers on side of the road as they are portraying.”

Loveless, R-Oklahoma City, said conviction is the proper standard to determine if authoritie­s can keep a defendant’s property, but has built exceptions into his legislatio­n to deal with law enforcemen­t concerns.

The conviction requiremen­t would be waived in cases where the property is valued at more than $50,000, or if a person denies a tie to the property, is deported or otherwise unavailabl­e, or is granted immunity in exchange for testimony.

If authoritie­s ultimately get to keep the property, it would go to the government­al body in charge of the law enforcemen­t department involved, not to a generalize­d state fund for a time, which was a point of contention in the previous legislatio­n.

Loveless also said his bill has reporting requiremen­ts that will allow for greater transparen­cy so that the public can more easily find out how much property is being seized.

He said law enforcemen­t in other states like California, Ohio and Florida, have cooperated with asset forfeiture reform movements, and he hopes Oklahoma authoritie­s will do the same.

A case last year highlighte­d concerns about seized property. A total of $53,000 in cash was seized from a man who later proved the money belonged to a Burmese Christian rock band.

Proponents of existing forfeiture laws say the case was an outlier and proves the current system works. Opponents say the instance shows the potential for abuse.

Opposition to change in current forfeiture laws would seem to still be strong in Oklahoma.

Oklahoma County District Attorney David Prater has criticized the addition of a conviction requiremen­t.

Biggs said seizure actions are already subject to public record laws, so he rejects the transparen­cy argument.

“Law enforcemen­t is constantly being attacked, and I won’t be a part of it,” he said.

 ??  ?? Sen. Kyle Loveless
Sen. Kyle Loveless
 ??  ?? Rep. Scott Biggs
Rep. Scott Biggs

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