Data From Court Documents Shows Texas Law Enforcement Playing Small-Ball Forfeiture, Not Doing Much To Stop Drug Trafficking

from the because-of-course-this-is-what-the-data-would-show dept

Journalists digging into the numbers behind vague forfeiture reports have uncovered more unsurprising details about the practice. Since the state of Texas doesn't require reporting of anything more than overall profits from forfeitures, reporters at the Texas Tribune did it the hard way. Reading through thousands of pages of court filings, the paper was able to tease out the granular detail law enforcement agencies don't like the public seeing.

What the Texas Tribune uncovered is exactly the reasons asset forfeiture is both problematic and incredibly popular with law enforcement agencies. Cop shop PR officers may hold press conferences to announce things like the $1.2 million in cash seized from a traffic stop, they're very quiet about the day-to-day work of forfeiture. The reality is the $50 million a year taken through forfeiture in the state of Texas is composed of hundreds of very small cash seizures.

  • Half of the cash seizures were for less than $3,000. In Harris and Smith counties, more than two-thirds were under $5,000.

  • About two of every five forfeiture cases started with a traffic stop.

  • Many cases were connected to possession of small amounts of drugs. In Smith County, a woman’s 2003 Chevrolet Trailblazer was seized after police found half of a gram of suspected methamphetamine and a partially-smoked blunt in the car.

  • In nearly 60% of the cases, people didn’t fight their seizures in court at all, resulting in judges turning over the property to local governments by default.

  • Two of every 10 cases didn’t result in a related criminal charge against the property owner or possessor; in Webb County, more than half didn’t.

  • And in about 40% of the cases, no one who had property taken from them was found guilty of a crime connected to the seizure.

Small seizures work out best for law enforcement. The cost of fighting the forfeiture usually outpaces the value of the seized property. This leads directly to the 60% default rate observed by the Texas Tribune. Bypassing criminal charges reduces the amount of time police and prosecutors have to spend processing the case, increasing the profitability of the seizure.

Even in the case of the $1.2 million seizure, no criminal charges were brought. Prosecutors claimed there was no criminal act to pursue since the driver claimed he was unaware of the cash officers found hidden in his trailer. And, under this deliberately-limited scope, there isn't an obvious criminal act the driver could have been charged with. But instead of trying to locate the source of the money assumed to be tied to illegal activity, law enforcement kept the money and presumably allowed a drug operation to continue mostly unimpeded.

The large forfeitures are easier to defend. It not tough to imagine the sudden loss of over $1 million causing at least some disruption in the drug distribution chain. But when cops are taking whatever cash they can find on anyone they pull over or arrest? It's a lot tougher to justify. But prosecutors will still try:

Angela Beavers, the lead civil forfeiture prosecutor for the Harris County District Attorney’s Office, said smaller seizures are common when police bust street dealers, who are an integral cog in drug trafficking organizations.

“Why would we allow the street level dealers to profit from their crimes? These are the dealers that ruin communities and families,” she said in an email.

But when the numbers are examined, these words ring hollow. It seems law enforcement cares more about the money being made by selling drugs, than the drugs themselves -- when the drugs would seem to be more instrumental to "ruining communities and families."

“I-35 is basically your main artery into the city from the rest of North America,” said Joe Baeza, a spokesperson for the Laredo Police Department. “We’re the beginning of the yellow brick road here.”

He said a U.S. Border Patrol checkpoint inspects vehicles heading north into Texas, and local cops often keep an eye out for drug proceeds traveling south. Webb County agencies made two seizures — a 2012 Dodge Ram and a 2008 BMW 5-series — from northbound stops after finding drugs in both vehicles, compared with 16 cash seizures from southbound lanes.

Even in counties where convictions were tied to forfeitures, it's still small amounts of cash tied to small possession charges. The most abusive aspect of forfeiture may have been removed, but there's still no indication this law enforcement tool is being used to dismantle drug cartels and stem the flow of drugs into communities.

It's no wonder Texas law enforcement agencies have pushed back against forfeiture reporting requirements, as well as tying this practice to convictions. The numbers pulled directly from filings shows the practice is mainly used to enrich law enforcement agencies, one small seizure at a time. There's nothing in here that shows this is benefiting Texas residents in any way.

Filed Under: asset forfeiture, civil asset forfeiture, legalized theft, texas


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  • identicon
    concerned citizen, 26 Jun 2019 @ 8:20pm

    No one who can actually do anything about this seems to care on whit.

    reply to this | link to this | view in chronology ]

  • icon
    That One Guy (profile), 26 Jun 2019 @ 10:16pm

    'No really, we're the GOOD guys, we've got badges!'

    He said a U.S. Border Patrol checkpoint inspects vehicles heading north into Texas, and local cops often keep an eye out for drug proceeds traveling south. Webb County agencies made two seizures — a 2012 Dodge Ram and a 2008 BMW 5-series — from northbound stops after finding drugs in both vehicles, compared with 16 cash seizures from southbound lanes.

    'We don't mind the drugs coming in, but we'll be damned if we let the cash go out.'

    Rich of them to try to spin their actions as fighting the scourge that is the drug trade when their main focus is not on the drugs before they are sold, but rather the cash that comes from it.

    Scum like that are no better, if not outright worse, than the people selling the drugs directly, as while both profit from the drug trade at least the sellers and producers aren't getting paid by the public, and don't tend to lie about how they're super concerned about the very trade they profit handsomely from and have no interest in actually stopping.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 26 Jun 2019 @ 10:35pm

      Re: 'No really, we're the GOOD guys, we've got badges!'

      Conveniently all of those found guilty of drug trafficking or possession happen to be the ones from the lowest ends of the food chain. No rock stars, no celebrities, just saps you can't even squeeze more than a few thousand dollars from at most - but the police do it because they're targets that are least likely to fight back.

      Any predator knows that the best target is a weak target.

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 27 Jun 2019 @ 5:53am

        Re: Re: 'No really, we're the GOOD guys, we've got badges!'

        Because only rock stars and celebrities are big drug dealers?

        reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 27 Jun 2019 @ 4:31am

    why, exactly, can't they confiscate cars for speeding

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 27 Jun 2019 @ 5:54am

    The really big drug traffickers are given a free pass, just look at the huge profits gained from the opioid marketing campaign.

    reply to this | link to this | view in chronology ]

  • icon
    Gerald Robinson (profile), 27 Jun 2019 @ 8:21am

    Petty theft

    These are no different than the druggies and hang bangers who who lift and steal anything not nailed down to support their habit! This is a big cost of the failed war on drugs-turning the cops into the bad guys!

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 27 Jun 2019 @ 8:46am

      Re: Petty theft

      idk ... seems the cops were bad guys long before Reagan & Co.

      reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 27 Jun 2019 @ 10:04am

      Re: Petty theft

      These are no different than the druggies and hang bangers who who lift and steal anything not nailed down to support their habit!

      It's very different. This is organized crime.

      reply to this | link to this | view in chronology ]

    • icon
      That One Guy (profile), 27 Jun 2019 @ 1:04pm

      Re: Petty theft

      Worse, oh so much worse. Unlike criminals without a badge the ones with badges can rob you at gunpoint(if not outright murder you), taking anything that catches their eyes and the courts will not only not punish them they'll support said robbery.

      reply to this | link to this | view in chronology ]

  • identicon
    Pixelation, 27 Jun 2019 @ 8:27am

    Forfeiture stopped being about stopping drug trafficking the minute the police discovered they could keep the money.

    reply to this | link to this | view in chronology ]

  • icon
    jcwconsult (profile), 27 Jun 2019 @ 8:53am

    Civil forfeiture

    Civil forfeiture without a conviction for a related crime is governmental larceny. PERIOD. All the officials involved should be tried for larceny and go to jail if convicted.
    James C. Walker, National Motorists Association

    reply to this | link to this | view in chronology ]

  • icon
    JoeCool (profile), 27 Jun 2019 @ 8:59am

    They missed the point - probably deliberately.

    Angela Beavers, the lead civil forfeiture prosecutor for the Harris County District Attorney’s Office, said smaller seizures are common when police bust street dealers, who are an integral cog in drug trafficking organizations.

    “Why would we allow the street level dealers to profit from their crimes? These are the dealers that ruin communities and families,” she said in an email.

    Let's assume that this is indeed the case. Without tying forfeitures to convictions, what happens? Do these dealers just shrug their shoulders and let it go? Hell no! They work for someone who is expecting their money (or else). This means they have to go out and rob someone and/or sell even more drugs to get that money. To the dealer, it just becomes the price of doing business. All the while the public gets the shaft even harder in increased crime of all kinds.

    reply to this | link to this | view in chronology ]

  • identicon
    JdL, 27 Jun 2019 @ 9:02am

    Armed criminals who waylay and rob travelers deserve to be shot on the spot.

    reply to this | link to this | view in chronology ]


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