FORFEITURE POLICY GOES TO COURT

Bradenton Will Defend Lucrative Practice in a Hearing This Week

BRADENTON -- How far can the police go to separate suspected drug
dealers from their money?

That is the essential question of a simmering dispute over this city's
forfeiture program, which includes a little-known policy of asking
people to sign away their cash and property without consulting an
attorney or going before a judge.

The policy has been a financial boon for Bradenton, raising thousands
of dollars each month which have paid for items ranging from assault
rifles to a midnight basketball program. Last week, the city approved
a $45,000 expenditure from the forfeiture fund to buy police gear.

At stake this week in circuit court is more than the $10,000 signed
over by an Orlando man now suing Bradenton police. The outcome could
decide not only the fate of Bradenton's policy, but could set a
standard for how a handful of other agencies around Florida seize
money during criminal investigations.

The centerpiece of the case is a Contraband Forfeiture Agreement, a
form used by city detectives that allows a person to sign away money
believed to be used during crimes.

Forfeitures are common for police agencies across Florida, seen as a
way to put "dirty money" to good use for law-abiding, tax-paying
citizens. Legal experts say all but a few agencies rely on the Florida
Contraband Forfeiture Act, which calls for a court hearing to decide
the fate of cash and property.

But Bradenton and a few other agencies in Florida use a voluntary
agreement, which is signed by a suspect and bypasses the judicial
system altogether. The money is funneled into a special police
account, and the person, whether they are charged or not, officially
gives up their right to get the money back.

Critics statewide say the process is dubious, pitting a police officer
and a suspect in a negotiation, of sorts -- often during the tense
moments of an arrest.

"What's to stop an officer from saying, 'Sign this and we'll make
things easier for you?'" asked Miami attorney Ronald S. Guralnick, a
forfeiture expert, in a recent interview.

Others, including attorneys for Delane Johnson, who is suing the
department over a $10,000 forfeiture last July, say the program gives
police the power to act as judge and jury. The case, which continues
with a hearing Wednesday, is believed to be the first time that
someone has challenged voluntary forfeiture agreements in Florida.

At least three other agencies -- Cocoa, Fort Pierce and Miami-Dade
County -- use voluntary agreements similar to the one in Bradenton,
although the documents and how they are used vary greatly.

The Miami-Dade County Police Department, among the largest agencies in
the state, instituted a voluntary forfeiture policy last year,
officials said. The department's one-page form "essentially tries to
talk people out of signing it," said chief attorney Robert Knabe, and
has boldface wording that highlights a person's right to have a
hearing in court.

What's more, while Miami-Dade officers have the voluntary forms at
their discretion, the agreement is rarely used -- most often in
smaller drug cases of less than $1,000, Knabe said.

"It's hardly ever used," he said. "Maybe a handful of times a
year."

That is in contrast to Bradenton's policy, where the bulk of the
forfeiture cases involve cash and property between $50 and $5,000 --
but occasionally much higher.

In a pair of 2005 cases, police seized more than $100,000 through
forfeiture agreements. And in the case at the center of the current
legal wrangling, Bradenton officers arrested Johnson last July after
finding a $10,000 wad in his pocket -- leading to an obscure criminal
charge of not reporting that he was carrying such a large sum of money.

Prosecutors later dropped the charges, but Johnson signed a forfeiture
agreement the night of his arrest, and officers seized his cash. Now
Johnson wants it back, and his attorneys are mounting a challenge to
the department's forfeiture process.

The hearing on Wednesday could validate the department's policy or
vault the program into legal limbo -- possibly leading to a temporary
halt of the agreements and a prolonged court fight with ramifications
for the other agencies. It's not known how deep an impact the Johnson
case will have on other agencies.

"I know that there are always attacks on (the agreements) throughout
the state," said Fort Pierce Sgt. Chris Bender. "But to tell you the
truth, we've never had one challenged as far as I know."

Said Knabe, however: "Sure, it could have an effect on waivers, but
I'm certain that our policy is really well-defined ... and is done
under strict parameters."

Likewise, Bradenton Police Chief Michael Radzilowski insists his
department's forfeiture program is sound -- and embraced by a
community tired of criminals prowling the streets.

"We will continue to make life miserable for drug dealers,"
Radzilowski said. "We're talking about drug dealers who lie and are
the scourge of our neighborhoods."

That sentiment is backed by Mayor Wayne Poston, who said he is
confident the current legal challenge will ultimately vindicate the
department and its forfeiture program.

"Of course I'm comfortable with it," said Poston, also the city's
police commissioner. "We're taking drug money off the streets -- I
think most people would be for that."