19-04-2025
Cash often seized in civil asset forfeitures
Apr. 19—The Morgan County District Attorney's Office this week filed a civil asset forfeiture case seeking condemnation of cash found on a man charged with second-degree marijuana possession, one of numerous such actions that have been filed this year.
In this week's filing, $9,187 in cash was seized during a traffic stop on Interstate 65, and the complaint says it should be "condemned as contraband and forfeited to the Plaintiff for use in law enforcement, to be divided among the agencies who participated in the seizure." If the assistant district attorney wins the case, as it often does through a default judgment, the DA's office will keep 26% of the cash and the arresting agency, Priceville Police Department, will get 74%.
Unlike criminal forfeiture, which requires a conviction, civil asset forfeiture allows property to be seized without a conviction and even without a criminal charge.
Priceville Police Chief Jerry Holmes said criminal forfeiture is typically easier to pursue because it directly links the property to a charged offense.
"We utilize criminal asset forfeiture the most," Holmes said. "It's easier to prove that the money or property seized is directly linked to the crime for which we charged an individual."
Holmes said civil asset forfeitures in his jurisdiction are most often tied to drug trafficking cases.
Sen. Arthur Orr, R-Decatur, sponsored legislation in 2021 aimed at protecting the rights of property owners and increasing transparency by requiring agencies to report all seized property to the Alabama Law Enforcement Agency.
Because compliance with the law by law enforcement agencies has been spotty, he sponsored Senate Bill 123 this legislative session. It would strengthen penalties for agencies that fail to report forfeitures to ALEA and increase transparency by requiring public reporting of more detailed information, including the identity of those from whom property was seized, whether arrests were made, and how the seized property or proceeds were ultimately used.
ALEA's most recent legislative report, covering Oct. 1, 2023, to Sept. 30, 2024, shows 952 open civil asset forfeiture cases statewide. Of those, 534 cases were closed and 430 involved arrests. Firearms were the most frequently seized items.
ALEA's report for Morgan County during the same period listed 49 open civil asset forfeiture cases, 13 closed cases and 44 involving arrests. Seized items included 54 firearms, five vehicles, one "other" item, and a total of $227,831 in currency. The report also documented 11 default judgments, one dismissal, 36 pending cases and one settlement.
In Limestone County, District Attorney Brian Jones said his office regularly files condemnation actions to seize property linked to criminal activity.
According to ALEA's report, Limestone County had 19 active civil asset forfeiture cases during the reporting period. Of those, three cases were closed, and 17 involved arrests. The seizures included three automobiles, 13 firearms, one "other" item and a total of $65,722 in currency.
Three cases resulted in default judgments, while 16 remain pending.
"We've got several pending cases involving properties used for drug sales," Jones said. "Asset forfeiture — whether it's cars, money, guns, drugs or real property — is another tool we use to combat criminal activity."
Holmes agreed with Jones that asset forfeitures play a significant role in reducing criminal activity.
"It's essentially taking away the criminal's tools of trade — their ability to profit from illegal activity," Holmes said.
He said he uses the seized funds exclusively for police training and equipment.
Jones said Alabama law includes protections for property owners not involved in criminal activity through what's known as the "innocent owner exception."
According to Jerome Dees, Alabama policy director for the Southern Poverty Law Center, this is the most common defense in forfeiture cases.
Jones cited a local case involving a property on Tommy Lane in Athens, where residents were using the house to sell drugs.
"The original owner was the defendant's grandmother," Jones explained. "When she passed, she left the property to all her children. When we filed the condemnation, we were only condemning the share of the one brother involved in the drug activity. The other siblings sold their shares, and we condemned the brother's share."
Holmes said his department will return property to owners who can demonstrate they were not involved in the crime.
In Morgan County, there have been eight condemnation cases involving civil asset forfeiture since March 27, according to court records. If all eight result in successful forfeitures, the total proceeds would be $30,244. Based on Alabama's statutory formula, the Morgan County District Attorney's Office would receive approximately $7,863, while law enforcement agencies involved in the seizures would receive a total of $22,985.
Dees, who is working with Orr on SB123, said the legislation would enhance accountability. While current law already mandates that ALEA publish an annual report on forfeitures, the new bill would require each forfeiture case to be listed with its corresponding civil case number.
He said individuals involved in civil asset forfeiture cases do not receive a court-appointed attorney, unlike those charged with a crime, making it harder to contest the seizure of their property — even if no charges are filed.
"Oftentimes, individuals have to contest on their own," Dees said.
Dees also said the burden of proof in civil asset forfeiture cases is lower than in criminal cases. While criminal cases require proof of guilt beyond a reasonable doubt, civil courts in Alabama use a lesser standard to justify a seizure.
Drawing from his experience as a former prosecutor, Dees explained how the timing of civil asset forfeiture cases can create challenges for individuals trying to reclaim their property.
"What ends up happening is that individuals may go without their property — such as a vehicle — for six to nine months, or even a year, because it's still being held by law enforcement," Dees said.
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