Especially pot...
Law enforcement agencies in Oklahoma continue to fight the War on Drugs, but it’s not solely for noble purposes.


For certain, illegal drugs are seized and bad guys are put in prison. Still, agencies like the Oklahoma City Police Department, the Oklahoma County District Attorney’s Office and the Oklahoma Bureau of Narcotics and Dangerous Drug Control know the War on Drugs is a profitable venture.

During the last five years, Oklahoma City’s police department has seized almost $5 million in cash and property connected to alleged drug crimes. In some cases, however, individuals were never charged or convicted but lost their money and property anyway thanks to the state’s strict civil asset forfeiture laws, OKC criminal defense attorney Doug Parr said.

As a result, OKC police have been able to purchase new undercover cop cars and high-tech surveillance equipment and obtain additional officer training, said Police Chief Bill Citty.

At the same time, Citty acknowledges drug cartels and dealers continue to have the upper hand.

“We have not won anything,” he said, referring to the War on Drugs. “We are still fighting that battle because the landscape of drugs changes. They (drug dealers) write it (cash and drug seizures) off as doing business.”

In the last five years, OKC police also have seized more than a ton of marijuana, more than 47,000 grams of cocaine, almost 10,000 grams of heroin, 75,689 grams of methamphetamine, nearly 50,000 grams of ecstasy and almost 19,000 grams of various pharmaceutical drugs, department records show.

The department’s best year in confiscating cash was in fiscal year 2013, which ended June 30. During that time, OKC police received $1,473,975 in asset forfeiture revenue. The department currently has $4.84 million in its asset forfeiture account, according to police records.

“Most of the money we seized comes from investigation of dope houses,” Citty said. “Very few cases in our department involve cash that is seized from a vehicle stop and the person has a large sum of money on them.”

But according to two OKC criminal defense attorneys and the Virginia-based Institute for Justice, police agencies use the asset forfeiture laws more as a revenue generator than a crime-fighting tool.

“Oklahoma law is designed to promote forfeitures,” said local defense attorney Chad Moody, who bills himself as The Drug Lawyer. “If even so much as a marijuana seed is found in a vehicle, it becomes the burden of the owner to prove that that vehicle and its contents are not products and instrumentalities of the drug trade.”

Citty disagrees. “Asset forfeiture is another level of punishment for those involved in criminal activity,” he said. “Usually, when someone is carrying a large amount of money, there’s other corroborating circumstances that go along with it.”

Moody takes it a step further with the notion that asset forfeiture cases are law enforcement’s way of enhancing economic development.

“Asset forfeitures create an incestuous relationship between police and judges,” he said.

The Institute for Justice, in its 2010 report Policing for Profits, described Oklahoma’s civil asset forfeiture laws as “terrible.” According to the report, Oklahoma’s statute “gives law enforcement significant financial incentives to seize property.”

The report’s authors gave Oklahoma a “D” letter grade for its asset forfeiture laws. In Oklahoma, owners are presumed guilty and must contest forfeiture by proving they did not know property (including cash) was used illegally, according to the report.

“Worse, law enforcement receives 100 percent of the proceeds from civil forfeiture,” the report’s authors wrote.

The report also included recommendations that forfeiture revenue be placed in a neutral fund and that the money be tracked and reported so law enforcement is held publicly accountable.

Welcome to Oklahoma
Parr believes OKC metro drug interdiction officers target vehicles from other states in their quest to fight the drug dealers. However, in many cases, innocent people are caught in the middle.

“Say, for instance, you’re driving through Oklahoma and you have $5,000 in cash. You get stopped and the officer finds out you have that money. More than likely, it’s going to be taken and trying to get it back will be economically unfeasible,” he said.

Fighting asset forfeiture actions requires out-of-state residents to hire an attorney, take off work for court proceedings and spend travel money.

“At that point, you’ve spent the money you were trying to get back, and that’s what they (law enforcement) bank on,” Parr said.

Oklahoma City has proven to be a haven for drug interdiction officers because of three significant interstates: Interstate 35, Interstate 40 and Interstate 44.

Parr’s law firm conducted a study beginning in January 2000 and ending in October 2004. During that time, researchers discovered that $12.8 million was seized, forfeited and distributed to metro agencies, Parr said.

OKC police received $6 million, the Oklahoma County DA’s office was awarded almost $4 million and the remainder was split between the Oklahoma County Sheriff’s Office and the Central Oklahoma Metropolitan Interdiction Team (COMIT).

More than 80 percent of all cash seizures during the study were under $10,000.

“Almost all were from out-of-state cars. Basically, it’s a shakedown of all out-of-state vehicles,” Parr said.

Oklahoma Gazette News: Wish Lists (http://www.okgazette.com/oklahoma/article-20073-drug-deal.html)

I find this article particularly interesting in light of a statement that an Officer with the OKCPD made to me recently. When I contacted several OKC City officials about all these so-called stand-alone, independent, convenience stores openly selling "Drug Paraphernalia," I received a telephone call from the OKCPD. I was told , despite what the Oklahoma City Ordinance/Municipal Code 30-221 states...the stores can legally sell Drug Paraphernalia in Oklahoma City. I was also told it doesn't matter how many letters I write to the Governor on down to the Ward 8 Councilman...I was to stop calling the OKCPD.

George Orwell wasn't too far off...

Thanks for posting this -- very interesting.

A few years ago, Frontline on PBS aired an episode called "The Plea", in which it documented how local law enforcement makes a significant amount of revenue off fines, seizures and citations.

The crux of it was that they frequently use the law to extract money out of citizens and that that is often the primary motivation, not the greater good. That they put an undue amount of resources into activities that generate these income streams.

Most people don't have the resources to fight against the government and thus knuckle under very quickly, rather than face a long, expensive fight that may end in jail time.


We all see this in much smaller ways... Where you receive a $50 parking ticket for an expired meter that only costs $1 to plug. Who are you going to fight on something so onerous??

When the local governments really started suffering a few years ago here in California and they had to severely cut back overtime on the police force and such, suddenly there were tons more cop cars all over the roads setting up speed traps.

It's basically the government's way of bullying money out of people and it's getting worse all the time.

It's supposed to be a Government of the people, by the people, for the people.

Even as the ultimate law-abiding, rule-following citizen the government and the frequent abuse of power scares the crap out of me.

Even as the ultimate law-abiding, rule-following citizen the government and the frequent abuse of power scares the crap out of me.

Be very happy that the folks that abuse the power and scare the crap out of you...don't have their finger on "The Button."

None of this is even remotely surprising. When is it not about the money? I perfect example of this is when cops pull people that are going 10mph over the speed limit instead of 4mph. Are both breaking the law? Yes. Is one being more petty than the other? Maybe. But still an argument can be made that both should be ticked always because that's the law. Fact is most LEO go after the bigger crime which usually equates to more money in some regards. Then again those crimes are usually the more severe.

On a side note I believe the reason why most LEO don't want pot legalized is because then they wouldn't essentially get their cut anymore. What I mean by that is they wouldn't get the revenue it generates by busting criminals. Now the catch 22 is that we'd tax it so they'd see some of that money, but still I'm betting not as much as them outright policing it.

It is a frightening thing, police being incentivized to pull over and bust as many people as they can find. This same thing was taken to another level when private security was hired to make drug busts along I40 at Hinton and were getting to keep a share of the seized "profits."


I find this article particularly interesting in light of a statement that an Officer with the OKCPD made to me recently. When I contacted several OKC City officials about all these so-called stand-alone, independent, convenience stores openly selling "Drug Paraphernalia," I received a telephone call from the OKCPD. I was told , despite what the Oklahoma City Ordinance/Municipal Code 30-221 states...the stores can legally sell Drug Paraphernalia in Oklahoma City. I was also told it doesn't matter how many letters I write to the Governor on down to the Ward 8 Councilman...I was to stop calling the OKCPD.

George Orwell wasn't too far off...

Because it has been very difficult to prosecute people selling fake pot due to the frequent changes made in the chemical makeup of it. Okla lawmakers will be targeting them with new laws this coming year:
Synthetic pot targeted by lawmakers | News OK (http://newsok.com/synthetic-pot-targeted-by-lawmakers/article/3912342)

If only we didnt have such cruel laws against real pot people may not even bother with the fake stuff, which has killed numerous Oklahomans.

Back on June 20 of this year I witnessed two drug deals on private property (a local business that shall remain nameless, but one I frequently demonstrate against). I took 2 pics of one drug deal and provided details and license plate info to the OKCPD/Impact Team. Hmmmmm...maybe that's why I was recently banned from ever stepping foot on that property again?????

"We Are What We Do."

Back on June 20 of this year I witnessed two drug deals on private property (a local business that shall remain nameless, but one I frequently demonstrate against). I took 2 pics of one drug deal and provided details and license plate info to the OKCPD/Impact Team. Hmmmmm...maybe that's why I was recently banned from ever stepping foot on that property again?????

"We Are What We Do."
Based on your 2 posts in this thread...if you are compelled to bust possible drug deals, why dont you just become a cop?

Based on your 2 posts in this thread...if you are compelled to bust possible drug deals, why dont you just become a cop?

I am about to receive my very first Social Security Retirement check this April, God willing and the crik don't rise. I hope that satisfactorily answers your question. :-)

There is a real simple way to greatly curtail excessive use of forfeiture laws. Most legislizards lack the will to implement it. Leave the basis for seeking forfeiture exactly as it is today. Change only the distribution of the proceeds.

Dedicate 10% to law enforcement (how much does OKCPD really need for each bust if they have stockpiled near on five million in the account?)
Dedicate 40% to fund drug treatment programs.
Dedicate 40% to help fund DOC, which houses so many drug related offenders.
Dedicate 10% to drug prevention education programs. Never hurts to have a it's for the children hook to appease the masses.

One of two things happens. Either forfeiture requests dry up real quick, or they explode as leo's try to offset the cuts to the toy chests.
Either result tends to prove the argument by critics of the current system.

I reckon' 2ChainZ done shoulda' thought o' this afore he and his crew dared to challenge OKCPD.
(What's his fine? $125? in absentia or whatever?)

And The Wheels o' Justice Rolls On . . .

Edited to Add/Change: Of to o' and Roll to Rolls.
mafia . . . ? fuggedaboudit.

Thanks for posting this -- very interesting.

A few years ago, Frontline on PBS aired an episode called "The Plea", in which it documented how local law enforcement makes a significant amount of revenue off fines, seizures and citations.

The crux of it was that they frequently use the law to extract money out of citizens and that that is often the primary motivation, not the greater good. That they put an undue amount of resources into activities that generate these income streams.

Most people don't have the resources to fight against the government and thus knuckle under very quickly, rather than face a long, expensive fight that may end in jail time.


We all see this in much smaller ways... Where you receive a $50 parking ticket for an expired meter that only costs $1 to plug. Who are you going to fight on something so onerous??

When the local governments really started suffering a few years ago here in California and they had to severely cut back overtime on the police force and such, suddenly there were tons more cop cars all over the roads setting up speed traps.

It's basically the government's way of bullying money out of people and it's getting worse all the time.

As I said . . . "Mafia"? Fuggedaboudit . . .
As Law Abiding Citizens, this is Nuestras Cosa Nostra.
Ain't it? (even if Nuestras and Nostra are redundant)

And, to paraphrase, Pete (at #5, above): It scares the sh!t out of me, too.

But whaddaya gonna do 'abboudit?
We have a government of, by and for some people.

(Ref. Post #2, above, for The Orwellian Connection.)

And this from a guy who was so impressed by "The New Centurions" "The Onion Field" and "The Choirboys" that he once wanted to be a LEO.
(but was born a Virgo/Libra . . . and never the Twain shall meet. =)

Too bad this is too late to do any good . . . =)
F2P4mg-nUfI

I find this article particularly interesting in light of a statement that an Officer with the OKCPD made to me recently. When I contacted several OKC City officials about all these so-called stand-alone, independent, convenience stores openly selling "Drug Paraphernalia," I received a telephone call from the OKCPD. I was told , despite what the Oklahoma City Ordinance/Municipal Code 30-221 states...the stores can legally sell Drug Paraphernalia in Oklahoma City. I was also told it doesn't matter how many letters I write to the Governor on down to the Ward 8 Councilman...I was to stop calling the OKCPD.

George Orwell wasn't too far off...

So I gather cops want drug paraphernalia to be sold legally, so they can use if for evidence to justify forfeiture.

Killing and raping people generally isn't usually a big money making affair, so I wouldn't be surprised forfeiture laws make cops less motivated to find murderers and rapists.

There is a real simple way to greatly curtail excessive use of forfeiture laws. Most legislizards lack the will to implement it. Leave the basis for seeking forfeiture exactly as it is today. Change only the distribution of the proceeds.

Dedicate 10% to law enforcement (how much does OKCPD really need for each bust if they have stockpiled near on five million in the account?)
Dedicate 40% to fund drug treatment programs.
Dedicate 40% to help fund DOC, which houses so many drug related offenders.
Dedicate 10% to drug prevention education programs. Never hurts to have a it's for the children hook to appease the masses.

One of two things happens. Either forfeiture requests dry up real quick, or they explode as leo's try to offset the cuts to the toy chests.
Either result tends to prove the argument by critics of the current system.

The issue I see with that is the funding of DOC. The prison system is going private, and using new revenue streams related to the imprisoning offenses just gives further incentives to the prison complex. You'd be accelerating the self-licking ice cream come.

The issue I see with that is the funding of DOC. The prison system is going private, and using new revenue streams related to the imprisoning offenses just gives further incentives to the prison complex. You'd be accelerating the self-licking ice cream come.

Would it be unfair to chalk that up to a Freudian slip?

Would it be unfair to chalk that up to a Freudian slip?

Let's call it poor proof reading.

Back on June 20 of this year I witnessed two drug deals on private property (a local business that shall remain nameless, but one I frequently demonstrate against). I took 2 pics of one drug deal and provided details and license plate info to the OKCPD/Impact Team. Hmmmmm...maybe that's why I was recently banned from ever stepping foot on that property again?????

"We Are What We Do."

Maybe this is why you were told previously to quit calling the OKCPD. You seem to have a vendetta here and are continually looking for reasons to call them about your former place of employment.

Maybe this is why you were told previously to quit calling the OKCPD. You seem to have a vendetta here and are continually looking for reasons to call them about your former place of employment.

Well, ljbab, if the truth be known, I have only initiated one call to the OKCPD. Vendetta? I don't think so. Everything I have done and will do, has been legal and through the Courts. Maybe the individual that set that store's dumpster on fire had a Vendetta. I would say that I have more of an agenda. BTW...if you happen to shop at that store...don't buy the ice.

Even where operation of facilities lands in the private sector, the state still has to pay the bill. So long as drug related offenses take up as many beds as they do, directing forfeited funds toward the warehousing of folk makes more sense than lots of shiny new toys and a near 5 mil slush fund for more toys (and that fund if just the okcpd fund.)
Would be interesting to know what the total amount being held statewide for new toys/tools comes to.

I'm against the practice of towing lawbreakers cars to whatever impound lot they use when a better option is to allow a relative to come & get the vehicle and take it home. This practice places a financial hardship on the family and no doubt adds to the number of chases that threaten public safety.

The issue I see with that is the funding of DOC. The prison system is going private, and using new revenue streams related to the imprisoning offenses just gives further incentives to the prison complex. You'd be accelerating the self-licking ice cream come.

Was the state of Oklahoma foolish enough to sign contracts with any private prison companies guaranteeing it would keep prisons filled? Private prison companies are suing states for breaking contracts like that. If so, and if Republicans approve of making yet more crimes felonies and don't want to lesson any drug crimes, we'll know one reason why.
Prison Quotas Push Lawmakers To Fill Beds, Derail Reform (http://www.huffingtonpost.com/2013/09/19/private-prison-quotas_n_3953483.html)

Let's make New York City a Prison!

__________________

You Are What You Do

Is this any different from speed traps to raise money for the local community?

I'm against the practice of towing lawbreakers cars to whatever impound lot they use when a better option is to allow a relative to come & get the vehicle and take it home. This practice places a financial hardship on the family and no doubt adds to the number of chases that threaten public safety.

I can understand the frustration, but it's not as simple as a relative come and get it. Joe Sixpack can leave his car on the side of the road unattended until ma, bubba or someone from work can scoop it up with a spare key. But if the govt. takes the driver and leaves the car unattended, it's going to deal with the headaches that go along with any damages, theft, etc. So, the govt. would eat the cost of sitting until someone shows.

But, then who gets to show? Do LEO's rely on the word of the intoxicated person? Can he or she truly consent to turning the car over to someone, or consent to leave it unattended? What level of kinship is necessary? What proof will suffice? How many appropriate peeps know where adequate documentation is on a moment's notice to scoop it up, deal with pets or children, and pop out late pm or early early am?

Of all the headaches, taking the word of a drunk and the cost of waiting seem the biggest obstacles. Most FOP's will say their community is way understaffed. Is the cost to society appropriate to endure vs. the cost of impound, which is attributable to an owner or user's decision to drink and drive?

Not seeing it myself, though I do agree impound fees are extremely high, as are many tow fees.

I can understand the frustration, but it's not as simple as a relative come and get it. Joe Sixpack can leave his car on the side of the road unattended until ma, bubba or someone from work can scoop it up with a spare key. But if the govt. takes the driver and leaves the car unattended, it's going to deal with the headaches that go along with any damages, theft, etc. So, the govt. would eat the cost of sitting until someone shows.

But, then who gets to show? Do LEO's rely on the word of the intoxicated person? Can he or she truly consent to turning the car over to someone, or consent to leave it unattended? What level of kinship is necessary? What proof will suffice? How many appropriate peeps know where adequate documentation is on a moment's notice to scoop it up, deal with pets or children, and pop out late pm or early early am?

Of all the headaches, taking the word of a drunk and the cost of waiting seem the biggest obstacles. Most FOP's will say their community is way understaffed. Is the cost to society appropriate to endure vs. the cost of impound, which is attributable to an owner or user's decision to drink and drive?

Not seeing it myself, though I do agree impound fees are extremely high, as are many tow fees.

True - however, law enforcement does often allow you to have someone come get your car. Just another example that the strongest power of LE is the power of when to exercise discretion when enforcing the law and when not to.

On a related note, for many months now LE has had the power to impound any vehicle used in the commission of prostitution, a drive by or a police chase. The car is held for 90-days and the owner pays around $2,000 to get it back.

I'm against the practice of towing lawbreakers cars to whatever impound lot they use when a better option is to allow a relative to come & get the vehicle and take it home. This practice places a financial hardship on the family and no doubt adds to the number of chases that threaten public safety.

Only if the arrested driver hold harmless the agency who took the driver to jail. Leaving cars like that on a public road tend to be broken into. Want to leave them there then the law enforcement agency CANNOT be held responsible to a theft or burglary. You cannot have it both ways.

True - however, law enforcement does often allow you to have someone come get your car. Just another example that the strongest power of LE is the power of when to exercise discretion when enforcing the law and when not to.

On a related note, for many months now LE has had the power to impound any vehicle used in the commission of prostitution, a drive by or a police chase. The car is held for 90-days and the owner pays around $2,000 to get it back.

Thanks BBates. I wasn't aware. I thought the only time they let someone else drive off is if the person was already present at the stop, or the driver wasn't being taken in after being stopped.

Thanks BBates. I wasn't aware. I thought the only time they let someone else drive off is if the person was already present at the stop, or the driver wasn't being taken in after being stopped.

Really just depends on the officer. Even when I was arrested in 2005 - quite the production I might add, 3 unmarked cars and 3 marked cars and they even had officers with video cameras recording it out in the open - they drove my car to my home and parked it in the driveway.

I see Johns get arrested and sometimes they are allowed to call someone to get their car and sometimes they are not.

A few years ago when a stripper from ValleyBrook was found passed out in her car on the shoulder on the highway (she was high on dope). They actually drove her home in a police car and had a tow truck take her car to her house (even though they found dope in her car) - all because she said she could help them make criminal charges against then local defense attorney Mike Gassaway. It's amazing how much discretionary power is given to police.

Back to the 90-day impoundment…… some police officers will actually tell a defendant, "just add a relative or friend to your title and they can come pick up the car immediately and then you get the car back and don't have to pay the 90-day impound fee." But, if they are not inclined, then they don't tell you.

I am speaking only to DUI arrests but Edmond very rarely impounds the car. They ask the driver if they want it left avid they will move it to a legal parking space. I very rarely see it with other agencies like ocpd or ohp. One thing to consider also is that the chemical testing must be done within two hours of arrest to be valid so time is an issue and they don't want to waste it by waiting for someone to pick up car. However, mostly, I think a lot of them just want to cost the driver more money as I have a lot of cases where there is a sober person that can drive there present or the car is in their own driveway and they still tow it.

I read a letter today from OCPD regarding a seizure. They sent a letter to a man letting him know they were going to seize his home - on what grounds - they had previously raided his house and found approx. 1.5oz of marijuana. Therefore he is deemed a drug dealer and the cops want to take the man's house from him.

Question?: I remember I used to could go onto OSCN and see a listing of all the Oklahoma County asset forfeitures currently before the court. However, I can no longer find that feature on OSCN. Anyone in the know here know if it is still available and if so, can you kindly post a link?

BBates, Fiddled some this am on your request. If there is a way, it is certainly not readily apparent. I will look some more.

I read a letter today from OCPD regarding a seizure. They sent a letter to a man letting him know they were going to seize his home - on what grounds - they had previously raided his house and found approx. 1.5oz of marijuana. Therefore he is deemed a drug dealer and the cops want to take the man's house from him.

Seize a home over 1.5oz of pot..? Something has to change, this is bogus. Pot found and now they get to seize house, sell it and buy new cars, guns, etc...? Absolutely bogus.

Seize a home over 1.5oz of pot..? Something has to change, this is bogus. Pot found and now they get to seize house, sell it and buy new cars, guns, etc...? Absolutely bogus.

If true, the cops should spy on rich people for pot and really clean up big time with asset forfeiture. After all, the law seems to assume you have no business having more than one joint, unless you're in business to get rich. The needs of the OKC police department are surely huge, and the proceeds from a $1,000,000 mansion could buy a big bunch of the latest and most fashionable in bullet proof vests.

I read a letter today from OCPD regarding a seizure. They sent a letter to a man letting him know they were going to seize his home - on what grounds - they had previously raided his house and found approx. 1.5oz of marijuana. Therefore he is deemed a drug dealer and the cops want to take the man's house from him.

That is scandal material. Is the letter public? That is an incredible abuse of power. I mean NBS Nightly News scandal material.
Sometimes it takes shining lights on these kinds of cases to slow down abuse by LE.

That is scandal material. Is the letter public? That is an incredible abuse of power. I mean NBS Nightly News scandal material.
Sometimes it takes shining lights on these kinds of cases to slow down abuse by LE.

Sadly, its not only true, but not uncommon. Police and our DA's office don't regularly go after million dollar mansions because they are occupied by people who will not roll over and can afford million dollar lawyers.

This is a $30,000 home and I have a copy of the letter in my possession. If I can get permission to post a redacted version I will - but, its no silver bullet - its business as usual.

You'll notice the disgrace of a police chief Bill Citty uses these monies for cool toys and such but NEVER uses the money to buy things like dash cams for OCPD patrol cars. Most people don't realize OCPD patrol cars do not have dash cams. There is only one reason for this - they know their own officers will be recorded doing things the public doesn't like. Citty had GPS put on all the cars - not for officer safety - but so he could crack down on the rampant abuse he knows that goes on but only enforces against officers he doesn't like.

Seize a home over 1.5oz of pot..? Something has to change, this is bogus. Pot found and now they get to seize house, sell it and buy new cars, guns, etc...? Absolutely bogus.

What if it wasn't even your pot, but your teenage son's? And you'd been letting him drive your car when he went out on weekends and they found some seeds in the carpet, so now you lose your car, too? When they first passed this law, I knew it was a bad, bad thing because it suddenly turned law enforcement into a money-making business.

Since, murderers, rapists and child molesters aren't likely in the business of doing such disgusting crime to make big money, I reckon they get a nice break and are given the freedom to decide what to do with their houses, cars and other assets before going to prison. Maybe legal bills gobble up what assets they have. Anyway, such a policy gives cops less motivation to go after real criminals menacing society. No one should have to lose any assets from the justice system on marijuana charges alone.