SEIZURES ARE SUSPECT

Ruling Should Cause Bradenton Police To Halt Waiver Policy

Before they expose taxpayers to further financial risk, Bradenton
police should stop asking suspected criminals to surrender cash and
waive their right to appeal the forfeiture in court.

On Monday, 12th Circuit Court Judge Peter Dubensky rejected the city
of Bradenton's motion to dismiss a legal challenge by 20-year-old
Delane Johnson, who signed a waiver document and handed over $10,200 to police.

The police stopped Johnson outside a Bradenton apartment building
last year. Officers suspected Johnson of selling drugs but found none on him.

Instead, Johnson was charged with a misdemeanor for failing to report
a financial transaction exceeding $10,000. The charge was later
dropped, and Johnson is seeking return of the money.

Bradenton police have collected tens of thousands of dollars for
municipal use through these waivers, which sidestep a state law. That
law allows officers to seize cash and property if they can later show
probable cause -- in court -- that the items were gained in criminal activity.

Although this week's ruling applies to only one case, Dubensky -- a
former state prosecutor and public defender -- made it clear that the
city's waivers circumvent safeguards meant to protect citizens from
unconstitutional seizures.

In Johnson's case, the judge determined that "the contract and the
circumstances surrounding the making of the contract fail to comply
with even the rudimentary elements of due process."

The judge continued with a scathing review of the waiver policy.
"Taken to its logical extreme," Dubensky wrote, the police "could
present this agreement to any citizen stopped for any reason and
request forfeiture of any item of property" in exchange for signing the paper.

"It is not remotely conceivable that the citizenry would countenance
such a state of affairs," the judge wrote.

If the city wants to keep Johnson's cash, Dubensky ruled, the
department must show probable cause in court. His ruling could prompt
others to seek the return of money or property seized by the city.

Mayor Wayne Poston, whose duties include serving as the city's police
commissioner, said no review of the policy is planned until the
Johnson case is completed. "Obviously, we'll do whatever the judge
says. If he says we ought not to do (waivers), that's fine," Poston said.

In a meeting with Herald-Tribune Editorial Board members last month,
Bradenton Police Chief Michael Radzilowski said he had misgivings
about the policy at first. "Initially, I was very torn with it," the
chief said. "I didn't like it."

But a citizens advisory council, attorneys and others urged him to
continue the policy to combat drug-dealing, he said.

"I'm really looking to the judge for guidance," he said, referring to
Johnson's challenge. "I want to do the right thing, and I want to
follow the law."

The judge's guidance arrived in forceful words this week. Now it's
time for Bradenton officials to do the right thing.