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0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories Wednesday night windstorm fells large tree at Darkwing Manor Medford police arrest 7 in domestic violence sweep Local woman honored for historical efforts Honoring those to whom honor is due Accident kills man, closes Coos Bay bridge Crime, Courts and Emergency Services Medford police arrest 7 in domestic violence sweep Community blog: Domestic Violence- "No More Silence" Emergency services Winters worn down by criticism Home invasion robbery suspect who skipped town two years ago arrested in L.A. Politics and Elections Winters worn down by criticism Eagle Point might get on the bus Richardson accuses Kitzhaber of 'corruption' in final debate Green Party won't back its own candidate Jobs at core of Oregon House race Education SOU student says free speech issue overblown SOU interim president leads in a different direction Medford school officials consider costs of full-day kindergarten Foundation kicks off ambitious 'Count Me In' fundraising campaign 100 hours and counting Environment Neighbors smell trouble in proposal to spread waste on Sams Valley farmland Bear cub captured in Ashland pharmacy Work begins on Southern Oregon's first dedicated mountain bike trail Applegate Dam hydroelectric project dead in water Fear of orphaned cubs nixes new spring bear hunt State news Nation - World Obituaries Ronald J. Hupp Death Notices Gary Wayne Campbell Carrol Allen Adams Dixie Alene Davis Kruggel Weather Photo Galleries Since You Asked Videos Web Cams Mail Tribune 100 Sports Latest Stories North girls edge South in cross-town battle North-South prep for Black and Blue battle Panther boys, girls qualify for state meet Rookie Randle leads Lakers past Blazers 94-86 Royals clobber Giants 7-2 to even World Series Varsity 541 College Sports Slumping Bears hope to slow No. 6 Oregon, Mariota Shaw shoulders blame for Stanford's slide As SEC rules rankings, calls of #SECBias rise Oregon inches way back into playoff race UO’s Dargan sets the tone for improving defense Pro Sports Rookie Randle leads Lakers past Blazers 94-86 Royals clobber Giants 7-2 to even World Series Manning won’t laugh at a keep-away encore Bumgarner, Giants jump all over Royals in opener On road to recovery, Marinovich finds painting Community Sports LOCAL EVENTS LOCAL RESULTS Business Latest Stories Sportsman's Warehouse to add Klamath Falls store County OKs partnership to lead business recruitment People's Bank sees 64% net earnings gain New I-5 interchange puts south Medford on fast lane to fast food County's jobless rate unchanged in September Real Estate News New I-5 interchange puts south Medford on fast lane to fast food Lithia buys Clovis dealership Rental vacancies increase Jackson County real estate sales, prices continue rebound Pallet Wine Co. expands in downtown Medford People In Business People in Business Transportation Frontier Airlines to end Eugene-Denver service Business Resource Fair has answers Erickson's Navy contract extended Lithia buys Clovis dealership Agriculture Hundreds look for work at Harry & David hiring fair Umpqua Holdings more than doubles net earnings Harry & David will hold hiring fair Thursday Ranchers offer livestock exchange 1-800-Flowers CEO: Labor shortage an issue for Harry & David Opinion Latest Granlund cartoon: Canadian terrorist attack Our View: Kitzhaber is still the best choice George Will: In Kentucky, a constitutional moment Letters to the Editor, Oct. 23 Granlund cartoon: McDonald’s profits drop Editorials Our View: Kitzhaber is still the best choice Our view: Merkley-Wehby race leaves us unconvinced; Walden seems destined for permanent position Our View: Falls for sheriff, our picks for state House Our view: Endorsements include Bates, Talbert, Hoppe Reversing course: Hoppe for judge Letters to the Editor Letters to the Editor, Oct. 23 Letters to the Editor, Oct. 22 Letters to the Editor, Oct. 21 Letters to the Editor, Oct. 20 Letters to the Editor, Oct. 19 Guest Opinions Don't overlook importance of Jackson County commissioners race Measure 92 misleads rather than enlightens Oregonians have a right to know what's in their food Infill is the answer to growth issues Guest Opinion: Who’s really to blame for 2014 wildfires? Lifestyle Latest stories Community blog: The Crowd And The Win - Better Health Honoring those to whom honor is due Marketta Gregory: Pass along a compliment Community blog: There's a method to mix, match alternative grains How to live and work in a tiny home Food Community blog: There's a method to mix, match alternative grains Ashland resident's cookbook showcases gluten-free creativity Legder David Cellars has a new winemaker and big plans Kitchen Call: New interest in old-fashioned buttermilk Joanna McQuillan Weeks: Cheese balls deserve more respect Home and Garden How to live and work in a tiny home Dear Monty: Rent-back clause prevents financial disaster​ Recycle plastic at The Expo Friday and Saturday How to know when trees and shrubs need to go Dear Monty: Is your real estate agent a secret agent? Health Community blog: The Crowd And The Win - Better Health Joan Endyke: The importance of a healthy diet when pregnant Community blog: Listening Skills for the Brave and Passionate: Taking it to the Next Level Held captive by whimsy Community blog: My New Best Selling Book Hiking Biking Faith Religion Briefs Religion Briefs Religion Briefs Religion briefs First Church of Nazarene plans cleanup Milestones and Achievements New arrivals Southern Oregon Pride parade celebrates gay marriage ruling New Arrivals Columnist for a Day Rogue Healthy Aging Tempo Latest stories Southern Oregon Repertory Singers present harmonious voices, dissonant notes Scottish music duo plays highland magic Beekeepers Ball is one sweet soiree Dean Angermeier rediscovers his 'roots' Medieval imagery inspires Portland artist Theater Camelot presents 'The Lion in Winter' 'Carnage' is short, smart, darkly funny Music Southern Oregon Repertory Singers present harmonious voices, dissonant notes Scottish music duo plays highland magic Beekeepers Ball is one sweet soiree Dean Angermeier rediscovers his 'roots' Moonalice plays Applegate Lodge Community Events Review: Funny 'Lion in Winter' roars to life at Camelot Theatre Theater's haunted house not for faint of heart Third Fridays in downtown Medford Works in progress Southern Oregon Pride Festival celebrates diversity Dining Yu's Yummy Yan's offers great take-out Agave offers tasty tacos Asian cuisine for all seasons at Misoya Bistro Spoons Tempo Videos Classifieds Jobs Autos Real Estate FEATURED » Obituaries Blogs TV Listings Movie Listings Oregon Outdoors Oregon Healthy Living Magazines & Special Sections NEWS NOW Wednesday night windstorm fells large tree at Darkwing Manor ... Granlund cartoon: Canadian terrorist attack ... Accident kills man, closes Coos Bay bridge ... Wednesday night windstorm fells large tree at Darkwing Manor ... Granlund cartoon: Canadian terrorist attack ... Accident kills man, closes Coos Bay bridge ... Matthew T. Mangino: Asset forfeitures bolster local crime fighting efforts By Matthew T. Mangino More Content Now MailTribune.com By Matthew T. Mangino More Content Now Posted Oct. 17, 2014 @ 12:01 am By Matthew T. Mangino More Content Now Posted Oct. 17, 2014 @ 12:01 am » Social News The U.S. Department of Justice has made it possible for local law enforcement agencies to fund some of their policing practices through collaborative civil asset forfeitures. The process known as Equitable Sharing drives revenue to local crime fighting agencies, but not without consequences. The Comprehensive Crime Control Act of 1984 was a component of the Reagan-era war on drugs. The intent of the act was to tap into the illicit profits of drug kingpins. The loss of profits would make the drug trade less alluring and bolster enforcement practices by permitting forfeiture-related revenue to be used to pay informants, purchase equipment, pay investigators and finance complex law enforcement investigations. The new law also allowed local law enforcement to get in on the action. Pursuant to the act, local law enforcement agencies were entitled to receive a portion of the net proceeds of forfeitures sought collaboratively with federal authorities — up to 80 percent of the seized assets. In difficult economic times there is an incentive to fund local police departments with money other than from the pocket of taxpayers. The problem is that not all the forfeited funds were coming from convicted drug dealers or from anyone convicted of a crime. The Washington Post analyzed the spending reports of thousands of DOJ asset forfeitures totaling $2.5 billion and found 81 percent came from cash and property seizures in cases in which no indictment was filed. The easy money led to an aggressive form of policing known as “highway interdiction.” A vehicle is stopped for a traffic violation, is searched and cash is seized. Owners must prove that their money or property was acquired legally in order to get it back. According to Reason Magazine, “your property is guilty until you prove it innocent.” Here is how a person not charged with a crime can lose a large sum of cash: A police officer stops a vehicle for a minor traffic violation and then searches the vehicle based either on the “consent” of the occupants or if the K-9 unit shows up and provides a “dog alert.” A dog alert is when a trained K-9 becomes agitated while sniffing around a stopped vehicle for the scent of drugs. If the dog “hits” on a vehicle there is enough probable cause to search the vehicle. How reliable are dog alerts? The U.S. Supreme Court ruled last year that as long as a drug-sniffing dog is well-trained his performance on the job really doesn’t matter. Justice Elena Kagan wrote that it was enough that a dog’s “satisfactory performance” in a certification or training program provided sufficient reason for an officer to trust its alert, even though errors “may abound” when dogs get put to the test in the field. “Law enforcement units have their own strong incentive to use effective training and certification programs,” Kagan wrote. The incentive for some police departments may be different than Kagan envisioned. Since 2001, there have been about 62,000 cash seizures on highways and elsewhere without search warrants or indictments and processed through the Equitable Sharing program, according to The Post. The potential abuses of asset forfeiture have long been recognized. In 2000, Illinois Congressman Henry Hyde, fought for the passage of the Civil Asset Forfeiture Reform Act — with the intent of making it more difficult for the federal government to seize property without evidence of wrongdoing. This past July, Kentucky Sen. Rand Paul introduced the Fifth Amendment Integrity Restoration (FAIR) Act. The bill changes the burden of proof in federal forfeiture cases making it more difficult for the government to prove the basis for the forfeiture of assets in court. The FAIR Act would also abolish the Equitable Sharing Program. The act would make it less likely that police and prosecutors would confiscate the assets of individuals guilty of nothing more than driving around with cash in their car. Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book “The Executioner’s Toll, 2010” was recently released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter at @MatthewTMangino. By Matthew T. Mangino More Content Now MailTribune.com By Matthew T. Mangino More Content Now Posted Oct. 17, 2014 @ 12:01 am » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. 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