I hope you have all read this article in Sunday’s News Journal. If not, read it and then head back here. I’ll wait.
I didn’t know, betcha that you didn’t either, that police can seize property, money and valuables when they suspect that the owners of said property, money and valuables are involved in drug-related crime. Betcha didn’t know that neither (a) the filing of charges and/or (b) convictions for said offenses were a prerequisite for police just taking stuff. Betcha didn’t know that it’s exceedingly difficult, if not down-right impossible, for innocent victims of said seizures to get their money, property and valuables back. Betcha didn’t know that the ‘proceeds’ go directly to a law enforcement slush fund called SLEAF. Betcha didn’t know that Delaware is the only state in the union that refuses to release the amount of money seized and how the money is spent:
Delaware was the only state unwilling to release how much money it seizes and how it is spent for the Institute for Justice’s “Policing for Profit” report.
Freedom of Information Act requests submitted by The News Journal were denied by several police agencies. That is because SLEAF, the agency that collects the funds and then distributes them to police agencies who apply for grants, is not considered a public entity and is not subject to FOIA.
The Department of Justice gave only overall numbers, showing SLEAF has collected $476,651 since July and has disbursed $475,847 to police departments.
Last fiscal year, SLEAF collected $1.01 million and disbursed $867,000.
Yep, once again the state has created a phony non-public entity to avoid providing what should be public information to the public.
Oh, by the way, this shredding of the Constitutions, both Federal and State, is justified by the so-called war on drugs. Call anything a ‘War On’ something, and I guess the Constitution no longer applies.
The operative term is ‘civil forfeiture’. Here’s how it’s used in Delaware:
Civil forfeiture is the controversial legal maneuver in which police can seize assets – such as vehicles, electronics and cash – if officers believe the items were used or intended for use in a criminal act. That can include all property (including houses) seized in close proximity to illegal drugs. The usual criminal justice principle –innocent until proven guilty – does not apply in these civil cases.
The seized money goes into one pot known as the Special Law Enforcement Assistance Fund, or SLEAF. A committee of eight prosecutors and law enforcement representatives holds the purse strings, making million-dollar decisions in private about how to distribute the money.
You see, because it’s ‘civil’ and not ‘criminal’, an officer’s suspicion can override any and all other legal considerations. Even after the fact, when no charges have been filed. You can find some horror stories in the News-Journal article.
Oh, and didja see how SLEAF, which disburses the filthy lucre and which is ‘not considered a public entity’, is comprised of eight prosecutors and law enforcement officials, all of whom are public servants? Pretty sneaky if not illegal.
This must change. Police should not be allowed to justify any kind of extra-constitutional behavior in the name of the ‘War on’ Drugs, Terrorism, or Long-Haired Hippies. Or, of course, Black People.
We don’t coddle criminals or even the accused in this state. We coddle the cops. We have given them extra-constitutional powers that they violate over and over again.
I call on the Attorney General, the Governor, and the General Assembly to right this wrong as soon as possible. Or just cede what’s left of our democratic form of government over to the cops.