The Executive Board and 7,000 members of the California Narcotic
Officers’ Association (CNOA) are deeply concerned with efforts currently underway
which would reduce law enforcement’s ability to successfully seize and forfeit drug
profits and the tools used to facilitate the drug trade.
We recognize that drug abuse and drug related crime threatens the security of California
and the Nation. As law enforcement professionals, we strongly support a comprehensive drug
policy, including drug treatment, drug resistance education and the strong enforcement of
State and Federal drug laws. As police officers, we have been mandated by law and the
citizens we serve to stop drug trafficking organizations from distributing illegal drugs
in our communities. The only purpose of drug trafficking is for the drug sellers to make a
profit and to amass great wealth for personal use and to further their illegal activities.
CNOA strongly believes that no person should be allowed to profit from selling a poison
that destroys communities, kills and threatens our very way of life. Thousands of young
people are dying every year and the cost to this nation from drug abuse reaches $50
billion annually.
The California Narcotic Officers’ Association believes that one of law
enforcement’s most effective weapons in the fight to stop drug trafficking, is the
use of existing civil asset forfeiture laws which deprive drug dealers of the proceeds
from their illegal activities. Financial and asset forfeiture investigation is an integral
part of law enforcement’s ongoing anti-drug operations. Those that advocate changing
our asset forfeiture laws cite cases in which there have been abuses of law
enforcement’s authority. The fact is that no property may be forfeited unless it is
legally determined to be a tool for, or the proceeds of illegal drug sales or money
laundering. |
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The civil forfeiture laws contain numerous protections for innocent
parties whose property have been seized. Current law provides that no property may be
seized unless the Government meets the standard of "probable cause." This is the
same standard of proof required to arrest a person or secure a search warrant. With illicit drug use increasing among
high school students and young adults, now is not the time to remove this important tool
from law enforcement. A tool which has proven to be very effective in dismantling drug
organizations. By taking the profit motive away from the crime and depriving these drug
gangs of the capital necessary to replenish their narcotic supply, we can break the backs
of drug trafficking organizations. The loss or reduction of forfeitures would also reduce
the amount of forfeited property and money that is currently distributed to law
enforcement agencies and other government entities. This money is being used very
effectively to help victims of crimes, and to enhance the ability of law enforcement
agencies to protect the public and increase the quality of life in their communities.
The California Narcotic Officers’ Association joins with the California Police Chiefs
Association, the National Narcotic Officers Association’s Coalition, the
International Association of Chiefs of Police and many other law enforcement groups to
oppose any legislation or policy which would weaken current federal asset forfeiture laws
or otherwise reduce law enforcement’s ability to successfully seize forfeit drug
profits and the tools used to facilitate the drug trade.
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