Police Get Goods In Drug Busts State Law Nets Agencies $1 Million In Cash, Merchandise

Pushers aren’t the only ones cashing in on the Spokane area’s lucrative drug trade. Local authorities are taking their cut, too.

During the past five years, Spokane County law enforcement agencies have netted more than $1 million in cash and merchandise seized from people who make or sell illegal drugs, state records show.

The Spokane Police Department’s special investigation unit raked in more than $132,000 in 1996 alone.

Local authorities say the state’s drug forfeiture law helps defray the cost of fighting the drug trade and may help deter it.

Another state law allows property confiscation in cases of criminal profiteering, which typically involves organized crime.

Last year, the U.S. Supreme Court bolstered such laws when it upheld a Michigan case where a couple’s car was confiscated after the husband was caught having sex with a prostitute in the front seat.

The couple unsuccessfully argued that confiscation on top of criminal prosecution was double-jeopardy.

“The U.S. Supreme Court and the Washington Supreme Court both have ruled the civil forfeiture law does not constitute double-jeopardy, said Spokane County Prosecutor Jim Sweetser.

Local law enforcement agencies routinely use the proceeds from confiscation to buy equipment for agency drug units and support anti-drug activities such as education programs.

“I think it’s a tool that ought to be used more often, especially in white-collar crimes,” Sheriff John Goldman said.

Washington law allows authorities to keep assets confiscated during drug raids if they can prove those assets resulted from drug sales or were used to make or distribute drugs.

The state also gets a share of the profits.

“It’s not just money,” Spokane Police Chief Terry Mangan said. “It can be vehicles. In a grow operation, it can be lights or other equipment.”

In a 1992 case, Pedro Labori of Spokane lost more than $30,000 in cash and his 1976 Chevrolet van. In a 1993 raid, Lewis Shank of Spokane had his $12,600 Harley Davidson motorcycle seized.

Just last week, agents with the Spokane Regional Drug Task Force confiscated $10,000 in cash during a drug raid on a north Spokane house. That money may make its way into the task force’s coffers.

Authorities also can confiscate real estate, such as houses or businesses where drugs are made or sold.

Drug dealers are being forced to alter their operations and lifestyles to get around the laws.

They rent cars instead of buying them, carry little cash and convince friends or relatives to unwittingly provide houses, Goldman said.

“The criminals are very much aware of this,” he said.

Law enforcement officials usually decide on a case-by-case basis which property to go after.

They then must convince a hearing examiner that the assets were directly tied to the drug trade and that the owner of the property was aware of that.

The person whose property is in jeopardy is allowed to attend the hearing to argue why the cash or merchandise should not be turned over to police.

“Each case is pretty much determined on its own merits,” Mangan said.

If the property owner loses, he or she can appeal the decision to Superior Court. That rarely happens, Goldman said, but owners often are successful in getting money or property returned at the hearing examiner level.

Sheriff’s officials recently decided not to seize Spokane’s Cathedral of St. John even though a small marijuana-growing operation was discovered in the caretaker’s apartment at the church.

There’s currently no evidence that the church administration and congregation knew marijuana was being grown at the landmark cathedral, said Lt. Chan Bailey of the regional drug task force.

“I’d be hard-pressed to make a case to take the church,” Bailey said.

Goldman agreed.

“We don’t want to see innocent people have a loss,” he said. “The people who are being punished are generally the ones that should be.”

, DataTimes ILLUSTRATION: Graphic: Spokane drug seizures