For more information contact: Jason Wenisch 651-296-2317
ST. PAUL Following the revelation that members of the Metro Gang Strike Force had been illegally confiscating personal property, lawmakers had been working on a plan that would prevent this activity from happening again in the future.
On May 14, by a vote of 130-0, the Minnesota House approved legislation that strengthens some provisions in state law regarding the sale of forfeited property by law enforcement. The good news, according to Representative Tony Cornish (R-Good Thunder) is that rural law enforcement agencies will not lose their ability to keep proceeds from their forfeited property sales.
“Despite the Metro Gang Strike Force debacle, most everyone realizes that 99.9 percent of Minnesota’s police officers are working to keep people safe and are seizing property only when criminal activity is present,” Cornish said. “There was no need to radically alter the law and penalize all law enforcement agencies simply because one organization was corrupt.”
But Cornish said that did not stop one lawmaker from trying to change the forfeiture laws, despite the opposition from law enforcement agencies from across the state. Currently, law enforcement agencies are allowed to keep a majority of the proceeds from forfeited property, and Cornish said that money helps departments operate more efficiently.
That’s why he was pleased to see amendments that would have banned forfeiture without the person first being convicted; sent all forfeiture proceeds to the state; and sent 20 percent of forfeiture proceeds to the county attorney’s office all overwhelmingly defeated on a bipartisan basis or withdrawn. After long consideration and debate on the House Floor, the two amendments unfavorable to police were defeated by huge margins: 110 to 20 and 111 to 20.
“With the poor economy leading to reduced budgets for many agencies across the state, there was no reason to further tie the hands of law enforcement by forcing them to give up forfeiture proceeds,” Cornish said. “If cops enter a drug dealer’s house and find cocaine with a shotgun sitting next to it, there’s no good reason why they shouldn't take the shotgun from this criminal. Cops simply aren’t busting into houses taking property just so their departments can make a profit, and I’m pleased the Legislature recognizes this fact.”