All together now: The police: they're not on your side, they're on their side

Harrassing citizens is what they do, the drug war is what lets them do it.  I increasingly fear and despise my government.  All of it.  And to think until a few years ago I called myself a 'law and order' Republican.

We have no true law.  And we are getting less and less order.  A salient excerpt.

THE FORFEITURE CORRIDOR

Asset forfeiture is the process by which law enforcement agencies can take possession of property suspected of being tied to illegal activity. Under these laws, the property itself is presumed to be guilty of criminal activity. Once the property has been seized, it's up to the owner to prove he obtained the property legitimately.

In about 80 percent of civil asset forfeiture cases, the property owner is never charged with a crime. And in Illinois -- like many states -- the law enforcement agency that makes the seizure gets to keep the cash or the proceeds of the forfeiture auction (in Illinois, the prosecutor's office gets 10-12 percent).

Critics say civil asset forfeiture is rife with poor incentives, and violates the Fifth Amendment’s protection against seizure of property without due process of law. Police can seize a car, cash, even a home on the flimsiest of evidence.

Madison County, Ill., where Huff was pulled over, is bisected by I-70 just outside of St. Louis. Interstates are a particularly rich ground for forfeiture. Law enforcement officials say that's because interstates are ideal for drug running.

Critics say it's because police can target out-of-state drivers, who are more likely than local residents to accept a police officer's baseless accusations and turn over their property, rather than refuse and face arrest, multiple returns to the state for court dates and thousands of dollars in legal expenses. Sometimes winning the property back can exceed the actual value of the property.

Faced with that choice, it isn't difficult to see why innocent people would opt to hand over their cash and head home.

"The joke around our office is that all you need for probable cause in Madison County is an Arizona, New Mexico, Texas, or Florida license plate," says Rekowski, the public defender. Collinsville defense attorney Jessica Koester says she's seen the same thing. "If you're from out of state, they're simply going to find a reason to pull you over."

Local news reports indicate that Illinois law enforcement agencies along the I-70 corridor have ramped up their forfeiture efforts in recent years. Rekowski said one tactic police use is to put up a sign for a "drug checkpoint" roadblock ahead. In 2000, the U.S. Supreme Court said such checkpoints are illegal; roadblocks are legal for DWI checks, but not for narcotics checks. But Rekowski says that isn't the point.

"They put the sign up so there's only one exit you can take to avoid it. Then they pull over and search anyone who tries to exit before the roadblock."

That tactic too is constitutionally suspect. Police can't pull a driver over merely for exiting before an announced (and illegal) drug checkpoint. "But, of course, that isn't why they'll say they've pulled you over," Rekowski says. "They'll say you crossed two lanes to get to the exit, or switched lanes without signaling, or that you cut someone off."

The Edwardsville Intelligencer reported in 2010 that the Madison County State's Attorney's Office has reaped a half-million dollars from the policy over eight years, which at the prosecutor's take of 10-12 percent suggests a total bounty of $4.5 million to $5 million. Madison County Assistant State's Attorney Stephanie Robbins, who handles forfeiture cases for the office, told local paper the Telegraphin 2010, "Law-abiding citizens have nothing to worry about."

But maybe they do. Jerome Chennault, a Nevada resident had the misfortune of driving through Madison County on his way home after visiting his son in Philadelphia.

Chennault said he had withdrawn $22,870 in cash to take with him before leaving Nevada, which he had intended to use for a downpayment on a home. After he was pulled over for following another car too closely, Chennault gave police permission to use a drug dog to sweep his car. The dog then "alerted" to the bag containing Chennault's cash.

Police found no actual drugs on Chennault or in his car. He was never charged with a crime. But the dog alert itself was enough to allow police to seize Chennault's cash. Over the next several months, Chennault had to travel to Edwardsville, Ill., at his own expense to fight in court for the return of his property. He had to put up a bond equal to 10 percent of the value of the property taken from him in order to secure it.

Cheannault won in court. His money was returned. But he won't be reimbursed for his travel or his legal expenses.

Similar stories have been reported along other forfeiture corridors across the country. In Teneha, Texas, police reportedly routinely pull over cars from out of state (the highway is popular for drivers, flush with cash and jewelry, going to and from casinos). A Nashville TV station recently reported on a stretch in Tennessee where the vast majority of police stops were of suspected drug runners leaving the city, meaning the police apparently preferred to let the drugs come into the city so they could seize the cash on the way out.

"When we saw the Huff video in our office, we just laughed," Rekowski says. "Not because it wasn't outrageous. But because it's the kind of thing we see all the time. The stop for a so-called 'inappropriate lane change,' the games they play in the questioning, the claims about nervousness or inappropriate behavior that can't really be contradicted. It's all routine."

According to Koester, the defense attorney in private practice, "The dog alert that happens off-camera isn't unusual either. You see that all the time."

Koester and Rekowski say the Huff stop has all the markings of a forfeiture fishing expedition. "You see where he asks if [Huff] is carrying large amounts of U.S. currency," Rekowski says. "It's pretty clear what they're after. These kinds of cases put my kids through college." He laughs, then adds, "I'm only half joking."