Iowa’s Civil asset forfeiture law must be reformed

'You're just making this stuff up.”

So responded Iowa State Representative Clel Baudler, Chairman of the Public Safety Committee and Member of the Government Oversight Committee.

I had traveled to Des Moines to testify regarding civil asset forfeiture. Mr. Baudler's reaction to a law-abiding citizen attempting to state facts and express concerns speaks volumes on the growing rift between citizens and law enforcement.

No, Mr. Baudler, I was not making anything up, not even exaggerating.

For example, on April 15, 2013 on I-80 West, Bart Davis and John Newmerzhycky were stopped by Iowa State Police for failure to signal. Dash camera footage clearly shows the vehicle using its signal, meaning this traffic stop had no basis and was illegal. But what happens next is what is really egregious. Rightfully earned poker winnings in the amount of $100,200.00 were seized due to a nonexistent connection to unspecified crime. This case was well publicized in local and national press. The victims are now suing the state.

In another case, United States v. $32,820.56, the bank deposits of Mrs. Lady's Mexican Food in Spirit Lake were seized. In this case, federal authorities seized the entirety of Carole Hinder's business account without charging her with any wrongdoing. Eighteen months passed by before Hinder and her team of lawyers was able to persuade the federal prosecutor to file a motion and drop the case.

Cases like these resemble outright theft rather than a process governed by the rule of law. Using cash does not make one a criminal. With rampant identity theft and credit card fraud, there are more reasons to use cash every day.

The notion that a person is innocent until proven guilty is a bedrock of western civilization. It is what makes our judicial system the greatest ever known. Yet more and more people are being presumed guilty and forced to prove their innocence. The ‘seize money and let the courts sort it out' mentality is a perfect example of this.

The tension between citizens and law enforcement is not good for either. It will only heal when federal and state legislators craft laws that protect the rights of the innocent and allow for human liberty to flourish.

To accomplish this, Iowa's forfeiture law needs four reforms. First, a person should be convicted of a crime before their assets are seized. Second, forfeited assets should be devoted to the state's general fund to avoid any profit incentive. Third, forfeited assets should be tracked and publicly reported to provide accountability. Forth, equitable sharing between state and federal authorities should be prohibited.

It would behoove lawmakers to act quickly in passing desperately needed reforms.

' Jeff Shipley, of Fairfield, is chair of the Republican Party of Jefferson County and a former Statehouse candidate. Comments: j.j.shipley@gmail.com

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