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State Representative Tina Liebling
100 Rev. Dr. Martin Luther King Jr. Blvd.
651-296-0573
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Liebling responds to vote on forfeitures amendments
ST. PAUL — The Minnesota House of Representatives on Thursday voted against legislation to fundamentally reform the state’s forfeitures laws and to protect civil liberties.
The amendments to H.F. 2610 were authored by Rep. Tina Liebling (DFL-Rochester), who worked on a bipartisan effort and with both liberal and conservative groups. The amendments would have changed state law to require that a person be convicted before they lose title to their seized property. Under Liebling’s amendments, money generated from police forfeitures would not be kept by the department, but would go the state’s general fund to be used for public safety.
“Last year’s revelations about the Metro Gang Strike Force taking property for personal use pulled the curtain that was concealing poor forfeiture laws in Minnesota," Liebling said. “Current law is jeopardizing our civil liberties while creating a conflict of interest for police officers.”
Under current law, revenue from police forfeitures goes back into department budgets. Liebling said this creates an incentive for officers to seize cash and valuables to help struggling budgets.
Property seizures are trending upward. In 2001, 1,000 seizures were performed in Minnesota. That number grew to 4,000 in 2008.
“If police departments need more funding, then they should get more funding,” Liebling said. “But we shouldn’t confuse our justice system with a revenue system. Our freedoms depend on a separation of powers.
“I support and honor our police officers. It’s because I respect them so much that I don’t want them to be caught in a system that invites misconduct.”
Under current law, officers don’t need court approval before selling seized property. The person whose property is taken must navigate a confusing legal process to get it back.
“We’re promised due process in the state of Minnesota,” Liebling said. “Currently, property can be taken from people who are not even charged with crime. The presumption of innocence has been stood on its head. “
Liebling’s bill had bipartisan support and her amendments had the support of the American Civil Liberties Union and the Institute for Justice, a libertarian group. Rochester Police Chief Roger Peterson testified at the Capitol earlier in the legislative session in support of Liebling’s legislation.
“While I am disappointed that these important amendments failed, I am glad that we had the discussion on the House floor and hopefully raised more awareness of Minnesota’s troubling forfeitures laws,” Liebling said.
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