Thanks to the Register and Kathie Obradovich for the essay about the failure of our federal legislators to include reform of civil asset forfeiture laws in the Criminal Justice and Corrections Reform and Corrections Act of 2015. (10/8/2015 – “Will Justice reform leave out forfeiture abuse?”)
It really is terrible that we have laws that allow law enforcement officers to confiscate property without charging any person for any crime, and that allow law enforcement agencies to keep most of what they take. Once property is seized, the burden of proof shifts to the owner of the property to prove that the property was not used in any crime…. guilty until proven innocent.
As you reported, reforms were introduced in the Iowa Senate last spring, but missed a committee deadline. What you did not report was that the committee that failed to move forward with those reforms is chaired by Steve Sodders from State Center, who is a Deputy Sheriff in Marshall County. As the Register printed last spring, (4/16/15, “Panelists: Reform Iowa civil forfeiture law”) Sodders thinks the answer is to have the State of Iowa pay for an attorney to help owners try to get their property back. He did not express any interest making reforms that would bring back the presumption of innocent until proven guilty, or that would correct the conflict of interest problem that allows law enforcement agencies to keep much of what they seize, or that would provide for public reporting of all assets seized.
Bills that would right these wrongs will likely be introduced again next year. We all must put pressure on the Iowa Legislature to get these reforms passed.
Links to Register articles: