UNREASONABLE SEIZURES

Bradenton's Weak Defense Of 'Waivers'

Bradenton officials continue to defend the Police Department's
questionable practice of seizing cash and other property from people,
without establishing even probable cause that the items might be
linked to a crime.

This practice generates money for the city, but it erodes civil
rights - - and it could eventually cost taxpayers money.

Last week, the city responded to a court challenge by 20-year-old
Delane Johnson, who surrendered $10,200 to police when they stopped
him outside an apartment building this summer. Police asserted the
money was tied to drug activity, but Johnson was never convicted of a crime.

Johnson's attorneys contest the validity of documents that Bradenton
police have used to take property from people they accuse of criminal
wrongdoing.

Ordinarily, such seizures occur under the Florida Contraband
Forfeiture Act. The act enables law enforcement agencies to seize
property but requires that they show probable cause in court that the
items are tied to crime.

The state standards for seizures aren't strict but they're better
than Bradenton's. The city and a few other agencies in Florida have
set up an alternate procedure, through which they ask individuals to
sign documents waiving their right to appeal -- to a judge -- the
seizure of their property. A court conviction is not required for the
seizure; in some cases, Bradenton police have taken property from
individuals and not charged them with a crime.

The practice has drawn criticism from legal scholars and defense
attorneys who question its constitutionality.

In their court filing, attorneys for Bradenton contend that the
waivers are within law enforcement's discretionary powers and are
actually not part of the Florida Contraband Forfeiture Act. The
latter claim is interesting, given that the documents -- until
recently -- bore the title, "Contraband Forfeiture Agreement."

The city's attorneys point to court cases in Ohio upholding
forfeiture agreements. But the cases cited involved defendants who
surrendered property as part of plea agreements with prosecutors --
not documents that bypass judicial review, as these waivers do.

Regardless of whether Bradenton prevails in this case, city officials
should demand that the police discontinue the use of these waivers
and instead pursue forfeitures through the courts, as the Manatee
County Sheriff's Office and other local agencies do.