BPD Chief: DMCo Law Enforcement Convicts Offenders Before Civil Forfeitures

Burlington’s Police Chief says that police officers in Des Moines County are following procedure when it comes to civil forfeiture cases.

Civil Forfeiture, or, when law enforcement officials confiscate cash or other items that could be used in crime, has been getting attention in the state legislature. Some say that police in Iowa are drastically abusing civil forfeitures, taking cash and valuables from residents, sometimes without even arresting them or charging them with a crime.

Burlington Police Chief Doug Beaird says that Des Moines county law enforcement, not just Burlington follows a very strict procedure when it comes to civil forfeiture.

“In Des Moines County, we don’t even start a Civil Forfeiture Process until after a criminal conviction,” Beaird told KBUR, “That’s a little bit different than a lot of jurisdictions. In other words, if we have something we’re going to try to forfeit, lets say, that was used in the commission of a crime. We’ll actually take the time to prosecute that person, and once that’s taken care of, if the county attorney wants, we’ll move forward with the process.”

For example, if, during a drug bust, an offender drove a car on the way to the drug sale. Police in Des Moines County, after convicting the offender, could file for the forfeiture of the vehicle. If granted, the Police Department would gain ownership of the vehicle.

The process has come under fire after a Des Moines Register investigation revealed that some departments have spent civil forfeiture proceeds on items completely unrelated to law enforcement, such as tropical fish, mulch, and, allegedly, even personal cars.