This order does not apply to (1) seizures by state and local authorities working together with federal authorities in a joint task force; (2) seizures by state and local authorities that are the result of joint federal-state investigations or that are coordinated with federal authorities as part of ongoing federal investigations; or (3) seizures pursuant to federal seizure warrants, obtained from federal courts to take custody of assets originally seized under state law. This Order also does not affect the ability of state and local agencies to pursue the forfeiture of assets pursuant to their respective state laws.

The directive also states it does not apply to cases already in the pipeline.

This policy is effective immediately. For any asset that already has been seized and for which

adoption already has been requested and accepted by the Department as of the date of the issuance

of this policy, the adoption process may continue pursuant to the prior adoption policy, provided

that it comports strictly with federal law and the requirements of the prior policy.

Here's a map of the almost 300 joint task forces across the country. There are more than 2,500 state and local officers working with them.

State and local interdiction cops are on highways all over America making subjective stops based on hunches. They ask for consent to search without any probable cause. Too many people say yes, not understanding they can refuse. That's the last they see of their money, even if criminal charges are never brought. Holder's new policy, in exempting seizures by local cops based on their association with a joint state-federal task force, is unlikely to cure the problem.

For one view on why this is a problem, check out this post by the Truth and Justice blog. For more on the abuses, here's a Washington Post series from September, Stop and Seize.