After reading the NJ administrative code (N.J.A.C. 13:77- 6.1(a)), I learned that my local police department wasn't following it. When I contacted the police, they stonewalled. I complained to the Attorney General, and received a letter saying that I was right, and that my local police--and the county prosecutor--were in violation of the Attorney General's forfeiture accounting rules. I went to the local press with the story and got front page coverage. The police looked as if they had something to hide.
Once you get the financial information, you can see what
the money is being spent for. In Newark (NJ) there's a big flap right now
(September 1995) because the prosecutor is giving the forfeiture money
to local civic groups he favors. He claims that these groups use the money
to help youth, and keep them away from crime. Problem is, the prosecutor
is planning a run for mayor of Newark, and it looks like he's using the
forfeiture money to buy votes in an upcoming election. See where the money's
going, and you'll find the rat.
2.EDUCATE YOUR LOCAL REPRESENTATIVES ON FORFEITURE ABUSE
Talk to your local or county elected officials, and try to get them to pass a resolution supporting H.R. 1916, Henry Hyde's forfeiture bill. I have a sample resolution that I'll e-mail to anyone who requests it.
If your local officials are anything like mine, they won't believe you when you tell them how abusive forfeiture laws are. I recommend that you purchase Henry Hyde's book "Forfeiting Our Property Rights" (available for about $10 from CATO Books at 800/767-1241) and show it to them. Hyde's book is short and to the point, and does an excellent job of illustrating forfeiture abuse.
Even if your local officials aren't inclined to introduce the resolution, ask them to send a copy of the proposed resolution to the chief law enforcement officer in your area asking for his or her comments. It's hard for law enforcement to justify a law that allows them to take property without need for arrest or conviction--especially when law enforcement itself ends up with the money. If the law enforcement chief's comments are ridiculous enough (example, Ocean County (NJ) Prosecutor Carluccio said, roughly, "I'd hate like hell to give a wad of cash to some lowlife drug dealer, just because we couldn't establish a level of proof in criminal court."), turn the letters over to the press.
Don't be surprised if the legislator agrees with you. This is how a few friends and I got A-1536 (now A-627) introduced in the NJ legislature two years ago. I have a letter already written to a state representative, and a model forfeiture law (New Mexico), and can e-mail them to anyone who wants them.
I know that you may be worried about police retribution. When you're looking into forfeiture, there's always the chance that police will retaliate. That goes with the territory. I can only tell you that I've been on their case in a very high-profile way here in New Jersey for four years now and I've never suffered any retribution. Actually, they go out of their way to leave me alone because they know I know how to fight back.
Good luck, and drop me a line if I can help in any way.