Seizing Property
This bill would authorize police officers to seize personal property without obtaining a warrant or making an arrest, based solely on their own belief that the property was involved in unlawful gang-related activity. It places the burden on the former property holder to file a claim to regain the property and to pay associated legal fees. Innocent landlords, small businesses, spouses, parents, and others may lose property based on the suspected activities of others and have no effective way to get it back.
This bill provides police with a strong financial incentive to seize property (rather than arrest and prosecute gang members), allowing the seizing agency to keep 90 percent of proceeds. As we have seen in the War on Drugs, such seizure statutes without judicial process are subject to widespread abuses.
Property forfeiture would be a distraction rather than a real solution to the serious problem of criminal street gangs. If a house or apartment with gang activity is seized under the law, the gang activity will simply move elsewhere. Focusing on obtaining criminal convictions against gang members, as well as devoting resources to address the underlying social issues, would be far more effective.
