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Dead Constitution See other Dead Constitution Articles Title: N.D. Lawmakers Approve Asset-Seizure Law (03-01) 08:45 PST Bismarck, N.D. (AP) -- In the last four years, Highway Patrol trooper Craig Beedy has taken part in two traffic stops that netted about $200,000 in seized cash. But unlike its counterparts in many other states, his agency wasn't allowed to keep it. North Dakota instead require law enforcement agencies to turn the assets seized in suspected drug trafficking cases over to the state. That could soon change. State lawmakers this week approved a measure that would allow the Highway Patrol authority to keep up to $300,000 in seized assets every two years to help pay for equipment and overtime expenses. Gov. John Hoeven hasn't said if he will sign it; a call to his office Thursday morning was not immediately returned. Proponents of the measure say allowing law enforcement to keep a portion of seized assets would help them fight the illegal drug trade. "If (a fund) can offset some of the costs to taxpayers so we can keep purchasing more equipment to help us win the war on drugs, I think it would be beneficial," retired Patrol Capt. James Nygaard said. But critics, including some criminal defense lawyers, believe the measure would create a conflict of interest by giving troopers a financial reason to make traffic stops. "It's not a particularly good practice to allow the police to keep those asset forfeitures, because that then creates an incentive for them to go out and bust people," said Scott Ehlers, state legislative affairs director for the National Association of Criminal Defense Lawyers. Ehlers said problems arise when honest, innocent people get caught up in law enforcement seizures. In one New Jersey case, a woman who was an officer with a county sheriff's office had her car seized when her teenage son used it without her knowledge to sell marijuana to an undercover officer. The ruling was overturned by an appeals court, but an appellate court later overturned that verdict, said Scott Bullock, a senior attorney for the Arlington, Va.-based Institute for Justice, which challenged the car seizure. "Our plan is to bring similar challenges to this in other states that have it, and try to stop these perverse incentive schemes from happening," he said. "If you provide people with the wrong incentives, it's not surprising that they're going to act accordingly." Bullock said more than half of states have laws that allow law enforcement agencies to keep some or all of the assets they seize. Some states have moved to rein in forfeiture laws. In 2000, Utah voters approved an initiative banning police agencies from claiming seized assets to fund their own programs. State lawmakers later added safeguards to protect innocent property owners. And Montana lawmakers are considering a bill that would prevent forfeitures unless the property's owner is convicted of a crime. Col. Bryan Klipfel, commander of the North Dakota patrol, said the $300,000 cap in seized assets the patrol would be allowed to keep if the measure is approved would eliminate any profit motive because it would amount to a small percentage of the its operating costs. The agency's next two-year budget could total about $39 million. "I don't think that's an exorbitant amount and ... there's going to be years there's probably nothing going to be collected," he said. "It's just a hit-and-miss deal." Last year, the state's Highway Patrol seized $34,000 in cash and $2,200 worth of property in stops on interstate highways in the state, Patrol Lt. Kelly Rodgers said. Troopers make about 900 arrests annually. Rodgers said 2006 was the first time records were compiled for the entire year. ___ On the Net: N.D. Highway Patrol: National Association of Criminal Defense Lawyers: Institute for Justice: www.nd.gov/ndhp/ http://www.criminaljustice.org/ http://sfgate.com/cgi-bin/article.cgi?f=/n/a/2007/03/01/national/a084522S97.DTL
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#1. To: Brian S (#0)
Highway patrol men or just highwaymen?
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