AVOIDING PAPERWORK IN SEIZURES 'ROUTINE'

The Knox, Blount and Loudon county sheriff's offices routinely circumvent
the state's process for seizing cash and property from drug crime suspects,
lawyers defending a pair of Loudon County deputies said Monday.

The practice, a state official said, doesn't conform to state law and could
lead to corruption.

T. Scott Jones and Craig L. Garrett said dodging the state's forfeiture law
is standard for the three counties. Jones and Garrett said suspects could
avoid red tape, long waits and a $350 bond by skirting the state-mandated
process.

Jones and Garrett said their clients, Loudon County Chief Deputy Tony
Aikens and Deputy Paul E. Curtis, did not file paperwork with the Tennessee
Department of Safety after seizing $9,649.25 from Soddy-Daisy resident
Eddie W. Witt following a traffic stop in 2002.

Witt was charged with three traffic and two weapons violations. The
deputies confiscated the cash after a police dog indicated the presence of
drugs in the vehicle. Officers didn't find drugs, but are allowed under
state law to confiscate property they believe to be connected to drug offenses.

Officers worked out a deal for Witt to contribute $9,649.25 to the
sheriff's office drug fund in exchange for keeping his vehicle and the
remaining $10,000. The Department of Safety has no record of the Witt
seizure, spokeswoman Beth Denton said.

"That's nothing out of the ordinary," Jones said. "It's done every day."
Ordinary or not, the practice doesn't conform to state law, a Tennessee
Department of Safety lawyer said.

"Anything that is seized under the Tennessee Drug Control Act must go
through the Department of Safety," said Deborah Martin, a Nashville-based
lawyer for the department.

Martin said the practice also presents an opportunity for corruption, since
the Department of Safety process provides a paper trail for seized property.

"There's always a possibility (of corruption) because we're dealing with
human beings," Martin said.

In the Witt seizure, the Loudon County Sheriff's Office deposited the money
into its drug fund, which is what would have happened with the cash if the
proper procedure had been followed.

Though the Department of Safety oversees the hearing process, it has no
regulatory authority over local agencies. Martin said the department
depends on statewide annual training, audits, reports from the public and
media accounts to make agencies follow the procedures.

The statutes governing forfeitures don't contain punishments for law
enforcement agencies that break the law.

The laws - primarily regarding drug and certain alcohol offenses - require
agencies to obtain forfeiture warrants from a sessions court judge within
five days of the confiscation of property. The agencies have seven days to
file the warrant with the Department of Safety, which then schedules hearings.

The legal actions are part of a civil process unrelated to any criminal
charges that might arise. For example, Witt was not charged with a drug
violation when the Loudon County deputies confiscated his money.

Agencies can negotiate settlements, state officials have said, though the
officer who seized the property can't be involved and the Department of
Safety has to sign off on the deal.

Jones and Garrett said they have defended many clients who've had property
seized by law enforcement agencies and that the practice of avoiding the
process is commonplace.

"That is routinely done," Garrett said.

Blount County Sheriff Jim Berrong confirmed his deputies negotiate
settlements with the owners of seized property without filing the proper
paperwork but refused to comment further.

"I'm not going to get into (an argument) with the Department of Safety,"
Berrong said. "I'm not commenting on it either way.

"We're not breaking the law," he added. "We know what the law is."

Loudon County Sheriff Tim Guider wouldn't comment on the Witt seizure or
the Department of Safety's position on settlements. Guider said seizures
are "supposed to go through proper channels. We're going to follow the
law." Knox County Sheriff Tim Hutchison did not return a phone call seeking
comment.