POLICE SEIZURES VIOLATE INNOCENT OWNERS' RIGHTS

As a drug warrior for the Cumberland County Sheriffs Office, I saw
countless innocent people lose hundreds of thousands of dollars in cash and
property. Until the authorities arrested my son for selling marijuana out
of my car, which he did without my knowledge and certainly without my
consent, and seized my car, I had no idea how vulnerable innocent property
owners can be.

New Jersey's forfeiture law encourages police departments to take property
for their own enrichment, even when the owner has not been accused of any
crime. Only when the tables were turned did I see what's wrong with the system.

As a member of the drug task force, I was regularly sent on raids to
capture drugs, cash and other property from suspected offenders. I often
wondered why we were never going after the big guys. Then it clicked: It
was more profitable to go after a lot of small-time dealers who didn't have
the resources to fight us rather than to focus on a few bigger guys. The
emphasis on civil asset forfeiture is on easy profit, not justice, and
certainly not on stopping the flow of drugs into our communities.

About two years ago, undercover officers arrested my son for selling
marijuana out of my car. Although I had committed no crime, the
prosecutor's office filed a complaint for forfeiture of my 1990 Ford
Thunderbird and seized my car. The prosecutor's office, which is in charge
of the unit in which I served, knew that with a clear title, my car was an
easy target under New Jersey's forfeiture laws. The prosecutor's office
also knew that taking my car would not prevent or punish drug dealing
because they knew I was not a drug dealer. They were clearly targeting the
property of the innocent.

The oddity of the state's forfeiture law resulted in the state suing my car
in a case called State of New Jersey vs. One 1990 Ford Thunderbird. Last
week, the state dropped its suit against my car, in part because I joined
with the Washington, D.C.based Institute for Justice in a countersuit to
keep these unjust seizures from happening to anyone else in New Jersey. The
state is no longer willing to pursue my property because I fought for my
rights.

I want everyone to know that police departments in New Jersey and across
the country are taking innocent people's property for their own enrichment.
It saddens me to think of all the hardworking police officers out there who
want to do something good but don't realize they are sent to do the dirty
work, so counties and the state can get more money. The forfeiture of my
car has opened my eyes to the abuse of forfeiture power by police.

Carol Thomas is a former deputy sheriff in Cumberland County. For more
information, visit www.ij.org.