Attorney General Eric Holder released an order on Jan. 16 prohibiting local and state police from using federal laws to seize assets or property unless there is evidence of a crime.

“The prohibition on federal agency acquisition includes, but is not limited to, seizures by state or local law enforcement of vehicles, valuables, cash and other monetary instruments,” according to the Department of Justice (DOJ) website, “ … except for property that directly relates to public safety concerns, including firearms, ammunition, explosives, and property associated with child pornogrpahy.”

Holder said the federal system would no longer be made available for such forfeiture.

“With this new policy, effective immediately, the Justice Department is taking an important step to prohibit federal agency adoptions of state and local seizures, except for public safety reasons,” said Holder in an article on the DOJ website. “This is the first step in a comprehensive review that we have launched of the federal asset forfeiture program.”

Sergeant Beghtol of the Cheney Police Department said this new ruling would have little to no affect on students at EWU or the citizens in Cheney.

According to Beghtol, if there was a seizure and there was federal interest, local law enforcement could approach a federal entity, such as the DEA or the FBI, and use the federal system to pursue a civil forfeiture.

Beghtol said there is still a state forfeiture law, meaning civil forfeiture in most cases has to do with drug violations. Items typically acquired include money, buildings, house[s] or cars that were used to facilitate drug trafficking, identified as proceeds from trafficking or were used to move or hide drugs.

“What Holder said was if you’re going to seize it to do it under your state laws,” said Beghtol. “We can’t use the federal system to facilitate forfeiture.”

Beghtol said if a federal agent had a civil forfeiture that did not meet the federal standard, then the federal agent can no longer use state forfeiture or use state laws to initiate a civil forfeiture.

“Asset forfeiture remains a critical law enforcement tool when used appropriately – providing unique means to go after criminal and even terrorist organizations,” said Holder in an article on the DOJ website. “This new policy will ensure that these authorities can continue to be used to take the profit out of crime and return assets to victims, while safeguarding civil liberties.”