Billings Republican Daniel Zolnikov claims police are abusing laws that let them seize property from suspected drug offenders. He claims police seized $10,000 in cash from an out of state motorist pulled over for expired plates. Zolnikov says police took the money even though the man was never charged with a crime.
“This, mister chairman and members of the committee, is what I would consider literal highway robbery,” Zolnikov testified.
He says he can’t name the citizen, or the agency involved, because the case is still being litigated.
Zolnikov supports a bill to stop alleged abuses by law enforcement. Seized property could be forfeited only if the owner was convicted of a crime.
Deputy Attorney General Jon Bennion flatly denied that asset forfeiture is being abused in Montana.
“There’s no house forfeitures of people who may hold a party where alcohol is being served to minors and we’re not forfeiting lemonade stands that are being set up without permits."
Bennion says in Montana asset forfeiture always involves a court hearing before a judge. He called the reform bill unnecessary. The House Judiciary Committee will decide whether to forward the bill to the full House.
