Exposing search and seizure abuse
Good journalism promotes more effective and ethical conduct of government, the making of public policy, or the practice of politics by disclosing excessive secrecy, impropriety and mismanagement, or instances of particularly commendable government performance.
In this spirit Karen Dillon wrote a series of articles that revealed the nature of “asset forfeiture,” the practice whereby law enforcement officers can seize the property of citizens, whether or not any crime has been committed.
Her readers learned the details of what happens time and time again when state or local policemen stop cars or invade homes, usually in quest of illegal drugs. Even with no evidence of crime, drug-related or otherwise, law agencies throughout the country have been seizing whatever cash is found in a suspect’s home, and confiscating cars and other assets.
All of this activity takes place before any court action involving the suspect has transpired. Dillon’s articles show how the country’s “drug warriors” enrich themselves through this search and seizure ploy, and how important to them is the continuance of the “drug war.”
As laws moderating asset forfeiture are passed in various states, Dillon discovered that police agencies were coming up with ever more ingenious ways to evade them.
Thwarting the laws that give citizens Fourth Amendment protection seems to be routine in many police departments, as officers rely on legal technicalities to get around state laws. The incentive to engage in questionable searches is great for those who profit handsomely. When, last year, a forfeiture reform bill was vetoed by the Governor of California, due to intense police pressure against the bill,
a supporter of the bill claimed, “They are motivated by the money that comes from asset seizure.”
“We are not going to work for it and not get it.”