Mississippi Law Enforcement Performed $200,000 Worth Of Illegal Forfeitures Because It 'Didn't Realize' Law Had Changed

from the ignorance-of-the-law-is-the-best-excuse dept

Thu, Oct 18th 2018 3:29pm — Tim Cushing

Ignorance of the law is no excuse, us lowly peons of the American justice system are told. The same does not apply to law enforcement, whose business it is to enforce laws. I mean, it's right there in the name. And yet…

Mississippi police agencies have been seizing cash, guns and vehicles without legal authority for months after a state law changed and police didn't notice.

An Associated Press review of a Mississippi Bureau of Narcotics database shows more than 60 civil asset forfeitures with nearly $200,000 in property taken by state and local agencies under a law that lapsed on June 30.

"Didn't notice." Try using that excuse the next time you, I don't know, hand someone a straw or... um... offer underweight ice cream to consumers. That's the AP's phrasing of the official excuse for law enforcement's inexplicable inability to stay abreast of laws affecting their work.

Here's what officials actually said, which uses more words, but doesn't sound any better.

Mississippi Bureau of Narcotics Director John Dowdy said he didn't know the law had expired until September, when a Rankin County prosecutor notified him.

"Honestly, we were unaware of the sunset provision," he said. "We thought that had been fixed in the legislative session."

Now, this could be a legitimate excuse. But not for a narcotics director who probably had plenty to say about the impending demise of the most profitable part of the state's asset forfeiture program. He could not have been completely "unaware." After all, here he is announcing the roll out of a website listing state forfeiture actions as mandated by the same law Dowdy now claims he didn't know much about.

It might be a legitimate excuse for a federal official who may not know the legislature included a sunset provision that gave legislators a chance to kill the passed law before it went into effect. Some efforts were mounted to roll back the reforms, but they both died without moving forward.

Because law enforcement can't follow the law, lots of people will be getting their stuff back. The Tampa Bay Times article says the Mississippi Bureau of Narcotics is offering to return $42,000 worth of property it illegally seized -- a phrase that makes its effort sound far more magnanimous than the reality: relinquishing stolen property.

But this screw up isn't going to keep it from seizing what it can, no matter how petty the amount. The thirty-day window on seizures under $20,000 is still open on a few cases, so law enforcement is still moving ahead with a few small-ball forfeitures.

Dowdy said agencies that seized property could still sue, seeking a judicially-sanctioned forfeiture, if less than 30 days elapsed. In Harrison County, for example, officials filed suit to seize $939 from Danielle Laquay Smith on Sept. 26, exactly 30 days after seizure.

The new law requires all forfeitures to be handled in court. The old law only required that on seizures above $20,000. There's more than $200,000 in illegal seizures on the books, and the potential return of $42,000-worth still leaves a lot unaccounted for. And much of that appears to be held by another person who can't keep track of legislative developments despite his position as a government official.

In northern Mississippi, District Attorney John Champion said, "I wasn't aware of that," when asked about the change. Police agencies in his five-county district, particularly in DeSoto County, have the majority of questionable seizures listed statewide.

Officers are Johnny-on-the-spot when it comes to perceived violations by citizens, but blissfully unaware of legal changes directly affecting their daily work. This is absurd. And it is the status quo. Prosecutors -- who directly benefit from forfeitures -- aren't aware either, most likely because knowing the law would adversely affect a valuable revenue stream. This is inexcusable, but it's also likely to go unpunished. The law is clear on the matter: negative effects of legislation shall be borne by the general public.

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Filed Under: civil asset forfeiture, mississippi, police

48 Comments

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Killercool (profile), 18 Oct 2018 @ 3:36pm

Said it before, I'll say it again...
If they don't need to know the laws they are enforcing, and can break the law as long as they do it in a new and innovative fashion, they shouldn't be able to call themselves "law enforcement."

They should have to tell people they "work in arresting, also evidence collection and creation."
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- Anonymous Coward, 18 Oct 2018 @ 3:49pm
  
  Re: Said it before, I'll say it again...
  Is the same crap as the Police lying to you to get you to do or say what they want. Then use your own words against you.
  [ link to this | view in chronology ]
  - This comment has been flagged by the community. Click here to show it
    
    Anonymous Coward, 19 Oct 2018 @ 9:14am
    
    Re: Re: Said it before, I'll say it again...
    so... which one of you are going to vote for any politicians looking to change this?
    
    O wait.... ha ha ha... keep bitching! It's working out REAL WELL!
    [ link to this | view in chronology ]
    - Anonymous Coward, 19 Oct 2018 @ 9:32am
      
      Re: Re: Re: Said it before, I'll say it again...
      Only in your universe is informing people "bitching".
      [ link to this | view in chronology ]
    - Chip, 19 Oct 2018 @ 10:16am
      
      Re: Re: Re: Said it before, I'll say it again...
      Did I mention hwo Cmart I am? I am Smart! So "very" VERY Smart. That is why I "spend" All Day "every" DAY in a Internet "CComments Section" telling everyone how Smart I AM, which is a thing that Smart people definately "Do"!
      
      Every Nation eats the Paint chips it Deserves!
      [ link to this | view in chronology ]
- Anonymous Coward, 18 Oct 2018 @ 3:59pm
  
  Re: Said it before, I'll say it again...
  No: they work in "legalized armed robbery."
  [ link to this | view in chronology ]
  - Bergman (profile), 19 Oct 2018 @ 5:55am
    
    Re: Re: Said it before, I'll say it again...
    What's legalized about it? The only 'legalization' involved is their refusal to arrest themselves. By the same logic, almost any criminal is innocent on all charges because he didn't prosecute himself.
    [ link to this | view in chronology ]
- Toom1275 (profile), 18 Oct 2018 @ 4:36pm
  
  Re: Said it before, I'll say it again...
  
  If they don't need to know the laws they are enforcing, and can break the law as long as they do it in a new and innovative fashion, they shouldn't be able to call themselves "law enforcement."
  
  It's called "qualified immunity."
  [ link to this | view in chronology ]
  - Killercool (profile), 18 Oct 2018 @ 4:56pm
    
    Re: Re: Said it before, I'll say it again...
    Oh, I know. It just seems strange that they can claim to be "law enforcement" when they are "enforcing" laws that either:
    
    a) got removed from the books, or b) only ever existed in their heads.
    
    And somehow they are getting to keep 75% of the literally illegal forfeitures. Not just "that should be against the law," actually against the law. And they've only had to give back some of it - maybe. They might not have to give back any of it!
    [ link to this | view in chronology ]
    - Stephen T. Stone (profile), 18 Oct 2018 @ 6:22pm
      
      only ever existed in their heads
      
      [coughcontemptofcopcough]
      [ link to this | view in chronology ]
  - jaack65 (profile), 19 Oct 2018 @ 5:02am
    
    Re: Re: Said it before, I'll say it again...
    This isn't "qualified immunity." but legalized criminal activity.
    [ link to this | view in chronology ]
Bamboo Harvester (profile), 18 Oct 2018 @ 3:54pm

At least...
...they're giving the stuff back.

I fully expected to read further down in the article that some Court upheld the seizures based on the "good faith" idiocy.
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- Anonymous Coward, 18 Oct 2018 @ 3:56pm
  
  Re: At least...
  $200,000 was taken; of that, $42,000 is being returned.
  
  That's still $158,000 unaccounted for.
  [ link to this | view in chronology ]
  - That One Guy (profile), 18 Oct 2018 @ 8:13pm
    
    Re: Re: At least...
    They're giving some of the stolen property back. A fourth of it to be precise. The rest of it will likely have to be pried from their greedy little fingers via legal action.
    
    But yes, I fully expected them to try to keep it all as well.
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    - Paul Brinker, 18 Oct 2018 @ 9:53pm
      
      Re: Re: Re: At least...
      Ahh to be in the court when you sue to get your money back.
      
      Sir, this money was stolen "Under Color of Law". The officer took my money after the law expired.
      
      The dream would be for them to charge the officer, of course this will never happen.
      [ link to this | view in chronology ]
That Anonymous Coward (profile), 18 Oct 2018 @ 4:39pm

If only they faced half the justice we end up facing at their hands.
[ link to this | view in chronology ]
This comment has been flagged by the community. Click here to show it

Anonymous Coward, 18 Oct 2018 @ 5:40pm

Ladies and gentlemen, presenting... the heroes of out_of_the_blue!
[ link to this | view in chronology ]
- This comment has been flagged by the community. Click here to show it
  
  Anonymous Coward, 18 Oct 2018 @ 7:58pm
  
  Re:
  @ Ladies and gentlemen, presenting... the heroes of out_of_the_blue!
  
  What in the world does that mean?
  
  This site lookz nutz.
  [ link to this | view in chronology ]
  - That One Guy (profile), 18 Oct 2018 @ 8:14pm
    
    Re: Re:
    It's just a spammer, flag and ignore.
    [ link to this | view in chronology ]
- Anonymous Coward, 19 Oct 2018 @ 9:59am
  
  Re:
  Why was this truth censored?
  [ link to this | view in chronology ]
  - The Wanderer (profile), 23 Oct 2018 @ 8:11am
    
    Re: Re:
    Someone keeps asking that question, even though the answer has been explained multiple times in the past - at least once, and I think at least twice, by me.
    
    If I keep seeing that question about the same repeated comments, I'm going to start flagging the question itself as being trolling, just as the comment to which it is a response is.
    [ link to this | view in chronology ]
norahc (profile), 18 Oct 2018 @ 6:09pm

Not really surprised at this one. After all, if cops can get away with ignorance of the Constitution, state laws don't stand a chance.
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Anonymous Coward, 18 Oct 2018 @ 7:17pm

interesting thing to me about all this is that when i was a youngster i developed a really low opinion of cops. not that i ever did anything beyond drive faster than the speed limit, but my every encounter lowered my opinion.

what i never expected was that within my lifetime that assessment would become general information.
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Uriel-238 (profile), 18 Oct 2018 @ 11:12pm

If there's profit to be gained...
If Mississippi Law Enforcement continues to get a steady income in being ignorant of the law, and there's no disincentive, they're going to stay ignorant of the law.

No matter how many AP articles.

No matter how often they're retrained.
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jaack65 (profile), 19 Oct 2018 @ 5:00am

**Miss. Seized Assets Database Doesnt Work**
I went to the Miss. Dept Of Pub Safety website and there is a spot to click to search the asset forfeiture database. But the button doesn't work! The link to Mississippi Bureau of Narcotics Seized Property Online Publications https://www.dps.state.ms.us/crime-investigation/bureau-of-narcotics/mississippi-bureau- of-narcotics-seized-property-online-publications/ takes you in a circle, to a page with a big blank box that says Mississippi Bureau of Narcotics Seized Property Online Publications and nothing else. All Seized Property links take you in circles back to the few web pages that make this site. They seem to be going out of their way to prevent access to this database.
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- stderric (profile), 19 Oct 2018 @ 12:36pm
  
  Re: **Miss. Seized Assets Database Doesnt Work**
  https://www.forfeiture.ms.gov/
  
  ...the Mississippi Bureau of Narcotics makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the contents of this site, and expressly disclaims liability for errors and omissions in the contents of this site. (Boilerplate, but sad & funny nonetheless.)
  
  Names appearing on this website are presumed innocent. (Their property, however, is presumed to be guilty as sin.)
  [ link to this | view in chronology ]
jaack65 (profile), 19 Oct 2018 @ 5:18am

Mississippi Bureau of Narcotics Director JOHN DOWDY
This guy JOHN DOWDY needs to be held to accounts by the Feds. but given the rule of lawlessness in the Washington Swamp, I see nothing good from the FBI. Cops can't investigate cops. Never worked before and never will in the future. We need independent oversight of police that is out of control police. The state's government laws have insulated police from even the egregious abuses of their power in murdering "suspects" on video. We can't depend on police who are there to enrich themselves and not to protect the public.
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- Anonymous Coward, 19 Oct 2018 @ 3:45pm
  
  Re: Mississippi Bureau of Narcotics Director JOHN DOWDY
  Saddest part is, I think, the government is never at a loss for filling these positions. They just keep finding those who will do whatever the government wants.
  [ link to this | view in chronology ]
  - Anonymous Coward, 19 Oct 2018 @ 3:51pm
    
    Re: Re: Mississippi Bureau of Narcotics Director JOHN DOWDY
    And years ago not one person in the government had the balls or compassion to save Terry Schialvo's life. So her feeding tube was removed. God was watching then.
    
    https://en.m.wikipedia.org/wiki/Terri_Schiavo_case
    [ link to this | view in chronology ]
    - Uriel-238 (profile), 19 Oct 2018 @ 5:01pm
      
      Terri Schiavo
      WTF? What does Terri Schiavo have to do with anything? Besides which when they pulled the plug, Schiavo didn't have any higher brain functions. She cared as much about living as Pluto cares about whether we call it a planet.
      [ link to this | view in chronology ]
      - Anonymous Coward, 21 Oct 2018 @ 1:47pm
        
        Re: Terri Schiavo
        Its a comment on the same dicks who are running the cop show. And how in the hell do you know about her brain function dick?
        [ link to this | view in chronology ]
        
        Uriel-238 (profile), 21 Oct 2018 @ 2:07pm
        
        If you really believed God was watching, I doubt you'd be deriding strangers.
        
        To answer your question Schiavo's autopsy report came out days after she was pronounced dead.
        [ link to this | view in chronology ]
        
        Anonymous Coward, 21 Oct 2018 @ 3:20pm
        
        Re:
        Yes you're right. I am just so frustratef the way our nation is being run. I take it out on anyone who acts like a dick.
        [ link to this | view in chronology ]
        
        Anonymous Coward, 21 Oct 2018 @ 3:26pm
        
        Re: Re:
        Terry Schiavo could smile and hug her mom and not one dick who had authority to let her parents take her back did anything. I have never forgot or forgiven those people.
        [ link to this | view in chronology ]
        
        Anonymous Coward, 21 Oct 2018 @ 3:33pm
        
        Re: Re: Re:
        They starved her once for four days before putting the feeding tube back in. No doubt causing more damage to her in her helpless fragile state.
        [ link to this | view in chronology ]
        
        Anonymous Coward, 21 Oct 2018 @ 3:34pm
        
        Re: Re: Re: Re:
        I believe President Trump would have stepped up like Bush couldn't.
        [ link to this | view in chronology ]
        
        Wendy Cockcroft, 22 Oct 2018 @ 6:07am
        
        Re: Re: Re: Re: Re:
        If any of that were true it would have been the result of the higher brain functions the autopsy report found missing. Drop it.
        [ link to this | view in chronology ]
        
        Wendy Cockcroft, 22 Oct 2018 @ 6:08am
        
        Re: Re: Re: Re: Re:
        Pre-existing conditions won't be covered any more if he and his cronies get their way so who's going to foot the bill the next time this happens?
        [ link to this | view in chronology ]
- Anonymous Coward, 1 Dec 2018 @ 12:49pm
  
  Re: Mississippi Bureau of Narcotics Director JOHN DOWDY
  There can never be "independent oversight" because they too will become part of the system that preys on taxpayers. It will end up being a "token" agency and will only serve to protect police even more than they already are because this "oversight" committee will be brought into the fold to profit financially along with everyone else.The whole system is designed to rob the citizenry and protect each other.
  [ link to this | view in chronology ]
Anonymous Coward, 19 Oct 2018 @ 6:49am

What ever happened to Law 'n Order in this god forsaken wilderness? /s
[ link to this | view in chronology ]
- Anonymous Anonymous Coward (profile), 19 Oct 2018 @ 7:11am
  
  Re:
  It moved to reality TV. Erm, maybe that's unreality TV. They have several versions for your fantasy derived viewing consumption.
  [ link to this | view in chronology ]
  - Anonymous Coward, 19 Oct 2018 @ 8:05am
    
    Re: Re:
    Access that low res store cam
    Zoom in on those sunglasses
    Enhance
    Rotate
    ...
    There's your perp
    [ link to this | view in chronology ]
- Anonymous Coward, 19 Oct 2018 @ 3:40pm
  
  Re:
  Its the wild fucking west with these fucknuts. Its the wild fucking west.
  [ link to this | view in chronology ]
jcwconsult (profile), 19 Oct 2018 @ 7:27am

Civil Forfeiture often = governmental larceny
Civil forfeiture without a conviction for a related crime is governmental larceny. The officials involved should be prosecuted for larceny.
James C. Walker, National Motorists Association
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- Anonymous Coward, 19 Oct 2018 @ 3:33pm
  
  Re: Civil Forfeiture often = governmental larceny
  Fuck larceny.. ITS ROBBERY AT GUNPOINT.
  [ link to this | view in chronology ]
Glenn, 19 Oct 2018 @ 9:28am

"We thought that had been fixed..."

Well, yeah, it was "fixed", which is the whole point. I guess they'll have to resort to misappropriating money the old-fashioned way: budget malfeasance.
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Anonymous Coward, 19 Oct 2018 @ 3:30pm

The law had changed.. and the police didn't notice!

I have some teriffic land for sale with easy access off alligator alley in south Florida I am selling dirt cheap! It has some dirt I swear!
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jaack65 (profile), 4 Dec 2018 @ 3:20am

Forfeitures Civil vs Criminal
Eliminate civil Forfeiture and only allow criminal Forfeiture. When a defendant is found guilty, only then can forfeiture a start. This may curtail the rampant legalized theft written into our laws when hysteria had taken over lawmakers and the public was fed lie upon lie to justify this theft and mass incarcerations. Civil forfeiture nearly always favors the police and an innocent will be legally be robbed blind!
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