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Don’t Follow the Feds

“Federal agents never wear body cameras,” The Washington Post reports, “and they prohibit local officers from wearing them on their joint operations.”

That’s why a growing number of local law enforcement agencies are doing what Atlanta’s police chief and mayor “decided late last month,” pulling “out of joint task forces with the Drug Enforcement Administration, the FBI and the U.S. Marshals Service.”

The Justice Department supplies the usual excuses for their lack of transparency: they are “protecting sensitive or tactical methods” and “concerned about privacy interests of third parties.” But as Houston Police Chief Art Acevedo reminds, “if there’s a legitimate need to redact any [footage], there’s a process available for that through the courts.”

It is the height of hypocrisy, for the use of body cams has been “what they’ve been preaching,” St. Paul (Minn.) Police Chief Todd Axtell argues, referring to the Justice Department’s funding and training of local police forces in body-​camera usage. “It’s ironic they aren’t complying with what they preach to be so important in policing.”

Ironic? Sure. 

Par for the course? Indeed.

The bad example federal police agencies set is hardly limited to body-​camera use. In states where legislation has reduced or ended the outrageous practice of civil asset forfeiture — whereby police can take and keep cash and property from people never accused or convicted of any crime — the Feds are there again to facilitate the thievery known as “equitable sharing.” 

“Federal forfeiture policies are more permissive than many state policies,” a 2016 Post report explains, “allowing police to keep up to 80 percent of assets they seize.”

Make sure your local and state police don’t follow the Feds.

This is Common Sense. I’m Paul Jacob.


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Equitable Stealing?

Is freedom a simple matter of drafting a lofty document about respecting the rights of citizens?

Alas, no.

Our Constitution does that, as does Turkey’s and, for that matter, so did the now-​defunct Soviet Constitution. Obviously, vigilance is also required. Keeping powerful government agencies respectful of the law — our liberties — and, when not, fully accountable for transgressions, is crucial.

That necessary vigilance is lacking here in America, today.

Your local police — the guys and gals who might respond if, heaven forbid, your home were broken into, or come upon your spouse broken down on a dark, rainy highway — are being encouraged to take people’s stuff … for “profit.”

It’s called civil asset forfeiture. This “legal” ability to stop people and snatch their money (or car or what-​have-​you) without ever charging anyone with a crime forces victims to hire a lawyer to sue the government to prove their stuff is innocent. 

Last Friday, I heralded a new Institute for Justice report on the growth of this dangerous practice of official police thievery. At Townhall on Sunday, I pointed out that even when reforms are enacted at the state and local level, federal law enforcement still facilitates civil forfeiture. The Feds encourage locals to continue taking stuff through a federal program known as “equitable stealing.”

No, my bad, it’s actually called “equitable sharing.”

But it’s the same thing, just with the Feds and locals splitting the loot.

We need new laws at the federal, state and local level that abolish forfeiture without a criminal conviction. If our “leaders” won’t act, we can petition at the local level to end this pernicious policy, forbidding any involvement with the Feds.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment general freedom judiciary moral hazard national politics & policies property rights

Our Innocent Stuff

The Institute for Justice’s new report, Policing for Profit: The Abuse of Civil Asset Forfeiture, details a “big and growing problem” that “threatens basic rights to property and due process.”

Through both criminal and civil forfeiture laws, governments can seize property used in — or the proceeds of — a crime. Criminal forfeiture requires that a person be charged and convicted of a crime to transfer title to government. Civil forfeiture, on the other hand, allows governments to take people’s stuff without being convicted — or even charged — with a crime.

No surprise that 87 percent of asset forfeiture is now civil, only 13 percent criminal. And governments are grabbing more and more. The federal financial take has grown ten-​fold since 2001.

“Every year,” IJ’s researchers document, “police and prosecutors across the United States take hundreds of millions of dollars in cash, cars, homes and other property — regardless of the owners’ guilt or innocence.” Then, the innocent victim must sue the government to have his or her stuff returned.

Incentive to steal? “In most places, cash and property taken boost the budgets of the very police agencies and prosecutor’s offices that took it,” an accompanying IJ video explains.

IJ’s report concludes that, “Short of ending civil forfeiture altogether, at least five reforms can increase protections for property owners and improve transparency.” Those five reforms are improvements, sure, but let’s end civil forfeiture completely.

It’s the principle!

Two principles, actually.

Civil forfeiture laws pretend law enforcement is taking action against our property, and that our property has no rights. But what about our property rights!

We’re innocent until proven guilty, too … and so is our stuff.

This is Common Sense. I’m Paul Jacob.


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crime and punishment folly general freedom government transparency

Candid Camera

Support for criminal justice reform, especially the common sense use of body cameras for police, marks a bright spot for the Obama Administration.

Or so I thought.

The president has called on local police to don the video devices. He has even offered $75 million of his own hard-​earned money to help communities pay for the cameras. No, wait — turns out that $75M is not his personal stash but rather our tax money.

Oh, well. While I think local taxpayers should fund their own police forces, without federal subsidies, at least President O’s administration supports the right policy. No?

“The Justice Department is publicly urging local police departments to adopt body cameras, saying they are an important tool to improve transparency and trust …” reports The Wall Street Journal. “But privately, the department is telling some of its agents they cannot work with officers using such cameras as part of joint task forces …”

Weeks ago, the U.S. Marshals “announced that the agency wouldn’t allow any local law-​enforcement officers wearing body cameras to serve on Marshals task forces.…”

I’m only surprised that I’m surprised. I should have known that while preaching to others to use body cameras, the Obama Administration would completely ignore camera use for federal police agencies. I shouldn’t be shocked that it even failed to establish rules for working with local and state police who might be required to wear cameras, at the administration’s urging.

It’s a very candid snapshot of the utter hypocrisy we’ve come to know and loathe from Washington.

This is Common Sense. I’m Paul Jacob.


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