ALBERT LEA, Minn. - Freeborn County Sheriff Kurt Freitag says if Minnesota goes through with restricting criminal forfeiture, it could negatively impact law enforcement.
"If we scrap the whole thing altogether and we allow criminals, drug dealers and those who drive impaired continually, we allow them to have these proceeds, we are basically re-investing into their criminal activity," Freitag said.
Freitag wants forfeiture laws to remain intact. He recalls one incident where a drug suspect was arrested carrying $26,000 in cash.
"We seized the cash subject to forfeiture," Freitag said. "His wife filed an appeal and was able to show that 26,000 dollars was not illegally obtained. She gave it to us, she gave us proof. Within 2 weeks, we had a check in their hands. They got their money back."
Institute for Justice attorney Lee McGrath does not believe forfeiture is the way to fund law enforcement.
"They shouldn't do it by themselves," McGrath said. "They shouldn't be engaged in self-funding. That gives a horrible perception that law enforcement is focused in on only going after crimes that have a financial component to it."
McGrath says the current forfeiture protocol is unacceptable.
"No one is acquitted of a crime should lose their property and today that is happening too often," McGrath said.
The Sheriff, though, sees the timing of this legislation as lousy.
"This is not the time to hamstring us and make it harder for us to do our job," Freitag said.
Once the bills go through the House and Senate, they will make their way to the floor of each chamber.