County Sheriffs Speak Out Against Civil Forfeiture Restrictions

A bill that would make it harder for police to seize cash and cars from drug trafficking suspects is facing opposition from county sheriffs.

The bill would allow police to seize property from a crime suspect, but would also bar them from selling or keeping the property unless the suspect is convicted. It also speeds up the process for innocent suspects to get their property back.

The Badger State Sheriff’s Association opposes the bill. Eau Claire County Sheriff Ron Cramer said that if it passes, it would deprive police of an important tool in fighting the state’s heroin epidemic.

“We’re trying to identify those problematic people that are making money and putting scourge on our people in Wisconsin. This bill diminishes our ability to do our work,” he said.

Civil liberties groups say current law creates an incentive for police to seize property to fund police departments and denies due process to innocent suspects. Cramer, however, said police aren’t grabbing money and cars from innocent people. He said district attorneys require police to show clear evidence that the drug dealers whose cars are seized can be convicted in court.

He said that if the bill passes, police will have to return the vehicle or the drug profit cash they’ve seized and wait for a conviction. He said if that happens, drug dealers will abandon the car or spend the cash.

“They’ll stop putting oil in the car and the engine will seize, so the car’s not worth the value that it would have been while it was in the seizure process. Or they go spend that money and then tell the court, “I don’t have that money any more judge, sorry,’” said Cramer.

The bill also requires law enforcement agencies to provide an annual report on the value of property police seize during criminal investigations and how the money or property is used by law enforcement agencies. Under current law, police keep only half of the money from such forfeitures. The rest goes to the state’s school fund. The proposed change would require all the money to go the school fund.

Cramer said that change would reduce the funds law enforcement needs to buy new equipment and cover the costs of the local drug task forces.

The bill has strong bipartisan support, but Attorney General Brad Schimel and the state district attorneys association oppose it for the same reasons the sheriffs association does.