CIVIL ASSET FORFEITURE: Limestone DA praises new system

Published 6:00 am Saturday, March 2, 2019

The Alabama District Attorneys Association this week announced changes to the controversial practice of civil asset forfeiture that officials say will strengthen the system and shed more light on the process.

The Alabama Forfeiture Accountability System is being described as “a breakthrough data collection and reporting system.” The new system was introduced Thursday by the ADAA, Alabama Law Enforcement Agency and State Rep. Arnold Mooney, R-Birmingham, who sponsored legislation leading to the creation of the new system.

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The AFAS is a new database system that will track and compile all state civil asset forfeiture cases in Alabama, generate reports to lawmakers and state officials and make useful information on the use of forfeitures available to the public.

Beginning Friday, district attorneys from across the state were to start collecting data related to asset forfeitures, including filings, pleadings and court rulings, and submit that information to the Alabama Criminal Justice Information Center database. ACJIC, a division of ALEA, will compile the data and make reports to the governor, lawmakers and the public. The University of Alabama’s Center for the Advancement of Public Safety is creating the AFAS database, which will be operated by ACJIC.

Monday said the creation of AFAS will bring both transparency and accountability to the civil asset forfeiture debate.

“I can’t overstate the importance to lawmakers of having accurate, reliable information as we look legislatively at civil asset forfeitures,” he said. “This new system will help paint a clearer picture of what is actually going on in the state. I am proud to be part of this solution.”

Limestone County District Attorney Brian C.T. Jones described civil asset forfeiture as “a very valuable tool” used by law enforcement almost daily to fight crime. He added the idea behind the practice is law enforcement doesn’t want criminals to profit from crime.

For instance, he said, a drug dealer who sells drugs and gets caught with cash and a car that was bought with drug money is subject to asset forfeiture. The DA’s office files a lawsuit against the cash and car, and the case goes to civil court separate from the criminal case. If law enforcement wins the lawsuit, he said, the funds are seized and used to fight more crime as opposed to using taxpayer dollars.

“What (Thursday’s) agreement addresses is transparency in the process,” Jones said. “Certain groups like the ACLU are attacking asset forfeiture and want to abolish it. Even though every asset forfeiture lawsuit filed by my office is public record, the Alabama Forfeiture Accountability System will track and compile civil asset forfeitures statewide.”