Using the Freedom of Information Act to Document Forfeiture Law
Abuses

- by Tom Flook, F.E.A.R. Chronicles, Vol. 2 No. 2 (July 1994)

Does your state have reporting requirements for agencies performing
forfeitures? Michigan does, and it's turning out to be a gold mine
of information. The Michigan Association for Preservation of
Property (MAPP) has used the Freedom of Information Act twice to
obtain this data. The information extracted from reports has proven
very damning. You will probably see some of it in future
newsletters.

If you think a Freedom of Information request is difficult,
something to be handled by lawyers, you're wrong. You just have to
be specific in what you request. An hour or two on the phone will
yield everything you need to make a request. Start with your state
police and the state capitol information switch board, or maybe a
state representative.

The only things you need to know are: is there a state reporting
requirement for agencies performing forfeitures; what is the name
of the form agencies complete; what agency receives completed
reports; what is the name, address, and phone number of that
agency; and who is the director of that agency. 

Once you have this information you are ready to make a request.
Your letter should be addressed to the director of the agency
receiving the reports and read something like, "Under the Freedom
of Information Act, I request all copies of [insert the report name
for your state] filed with your agency during [insert the time
period you're requesting]. Please advise me of any reasonable copy
fees to complete this request" Send your letter certified mail,
return receipt. This way you know they got the letter and they know
you mean business. By the way, it doesn't hurt to carbon copy a
cooperative lawyer and a few state reps.

That's it, nothing else is required. They'll tell you a price, you
send them a check, they'll send you the reports. It costs MAPP
about $80 dollars a year in copy charges. That's cheap for the
wealth if information that can be gleaned from the reports. Never
again will you speak without facts and data to substantiate your
arguments. 

If any state coordinator doesn't know how to get started, or wants
a little additional advice, I would be delighted to talk with you
and help guide you through your first request. Your second request
will be all too easy.

FEAR does not yet know which states have reporting requirements.
All state chapters need to find this out for their state and report
it to FEAR. We need to know what the reporting requirements are and
where they are filed, for all states. 

-----------------------------


A portion of the information contained in the documents Tom
obtained under the freedom of information act appeared in "Police
Documents Show Property Seizures in Michigan Resemble Curbside
Shakedowns" in F.E.A.R. Chronicles, Vol. 2, #1. 

M.A.P.P.'s complete 54 page critical analysis of civil forfeitures
performed in Michigan in 1993, the 94 Forfeiture ReportÄThe Smoking
Gun, is now available. The report is especially valuable to
Michigan residents, but forfeiture reformers from other states will 
find it to be a useful guide to tracking forfeiture squad abuses.
Send $10.00 (to cover printing and postage) to:

M.A.P.P.

7935 Coyle Rd.

Whitmore lake, MI 48189