DES MOINES — Changes are possible to an Iowa law that allows authorities to seize money and other items from people suspected of illegal activity, members of a legislative committee said after testimony Wednesday from both supporters and critics of the law.
People in favor of reforming what is known as civil asset forfeiture testified to the House Government Oversight Committee that revising state law could ensure people are treated more fairly, though law enforcement officials defended the system in place.
The Iowa law, which is similar to laws around the country, allows authorities to seize assets such as cash, cars or property from a person suspected of illegal activity, including the sale of drugs. In some instances, law enforcement officials keep the seized items even if a case does not result in charges or a conviction.
Critics say such laws make it difficult for a person to retrieve seized items because the legal process to do so is often expensive. Jeff Shipley, a political activist involved with a grass-roots advocacy group known as Liberty Iowa, said owners “typically have few legal rights” when they get involved in a civil asset forfeiture, which often involves traffic stops.
Law enforcement officials say there are several procedures in place to ensure a person can get a seized item back and say the law is focused on helping authorities tackle organized crime involving drugs. The money is also used for drug investigations and training that otherwise might have been secured through taxpayer dollars, said Jim Saunders, director of investigative operations at the state Department of Public Safety.
“I have not come across an instance where I thought law enforcement was motivated by profit,” he said about the law.
According to data collected by The Des Moines Register, law enforcement agencies in Iowa have seized nearly $43 million since 2009 through state or federal civil forfeiture laws.
Law enforcement officials said they were open to changes to the law, including a better tracking system for how seized money is spent. Lawmakers expressed an interest in adding clear rules that would allow a person to have attorney fees paid if he or she is cleared of wrongdoing.
Rep. Bobby Kaufmann, a Republican from Wilton and the chairman of the committee, said such proposed changes could be introduced in the next legislative session.
“I believe that we found potential agreement between the law enforcement community and those that are concerned about constitutional rights,” he said.