opinion

Civil forfeiture: You can't make this stuff up

"You're just making this stuff up."

So responded Iowa State Rep. Clel Baudler, chairman of the Public Safety Committee and member of the Government Oversight Committee.

In April, I had traveled to Des Moines to testify regarding civil asset forfeiture. Baudler's reaction to a law-abiding citizen attempting to state facts and express concerns speaks volumes on the growing rift between citizens and law enforcement.

No, Representative Baudler, I was not making anything up, not even exaggerating. The facts speak for themselves. The only mistake I made was anticipating (hoping) that our elected representatives would be familiar with this important issue.

For example, on April 15, 2013, on westbound Interstate 80, Bart Davis and John Newmerzhycky were stopped by Iowa State Patrol for failure to signal. Dash-camera footage clearly shows the vehicle using its signal, meaning this traffic stop had no basis and was illegal. But what happens next is what is really egregious. Rightfully earned poker winnings in the amount of $100,200 were seized due to a nonexistent connection to an unspecified crime. The victims are now suing the state. This incident certainly left an imprint on my mind, but apparently to Baudler, it is just another day for Iowa law enforcement.

In another case, United States v. $32,820.56, federal authorities seized bank deposits of Mrs. Lady's Mexican Food in Spirit Lake, the entirety of Carole Hinder's business account, without charging her. She fought the forfeiture and this year got her money back after a federal prosecutor filed a motion to drop the case. Representative Baudler dismissed the abuse of federal laws as beyond his scope of concern.

I wish I were making this stuff up. Cases like these resemble outright theft rather than a process governed by the rule of law. This makes many citizens paranoid rather than secure whenever they encounter law enforcement. Some people have an outright distrust of police. And it is becoming clear that the vice versa is true, that law enforcement has a tendency to distrust citizens and assume they're lying criminals.

Using cash does not make one a criminal. With identity theft and credit card fraud running rampant, there are more reasons to use cash every day.

The notion that a person is innocent until proven guilty is a bedrock of Western civilization. Yet more and more people are being presumed guilty and forced to prove their innocence. The "seize money and let the courts sort it out" mentality is a perfect example of this.

The tension between citizens and law enforcement is not good for either. It will only heal when federal and state legislators craft laws that protect the rights of the innocent and allow human liberty to flourish.

To accomplish this, Iowa's current forfeiture law needs four reforms. First, a person should be convicted of a crime before assets are seized. Second, forfeited assets should be devoted to the state's general fund to avoid any profit incentive. Third, forfeited assets should be regularly tracked and publicly reported to provide accountability. Forth, equitable sharing between state and federal authorities should be prohibited.

The anger and frustration caused by such unjust policies are literally boiling over into the streets. It would behoove lawmakers to act quickly in passing desperately needed reforms.

JEFF SHIPLEY of Fairfield is chair of the Republican Party of Jefferson County and a former Statehouse candidate. Contact: j.j.shipley@gmail.com