Lawmakers urged to keep asset forfeiture law intact

NASHVILLE, Tenn. (AP) – Law enforcement officials on Monday urged Tennessee lawmakers not to join other states in dialing back police powers to seize cash and vehicles without first gaining criminal convictions.

While police defend civil asset forfeiture as a way to weaken lucrative criminal operations while funding crime-fighting efforts, opponents argue that the practice has become an overused tactic that violates citizens’ private property rights – especially when there’s insufficient evidence of a crime.

Conservative billionaire Charles Koch and the American Civil Liberties Union have forged an alliance to promote reining in the ability of police to seize property. They are touting as a national model a New Mexico law enacted this year requiring criminal convictions before authorities can dispose of seized assets.

Shelby County prosecutor Steve Jones, who also represents the West Tennessee Violent Crime and Drug Task Force, called it “government at its very best” to use criminal proceeds to fund law enforcement activities. He also warned members of the state Senate Judiciary Committee that changing the law could result in more crime.

“If you want to make a difference for our communities, take away criminal proceeds forfeiture funding,” he said. “You’ll make a huge difference, it just won’t be a positive difference. The criminals will thank you.”

Republican Sen. Mike Bell of Riceville bristled at the suggestion that lawmakers might be working on behalf of criminals by seeking to “protect the innocent who are occasionally caught up in this system.”

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