New state forfeiture laws will not affect deputies

Recent legislative changes will not impact the asset forfeiture practices at the Dickinson County Sheriff’s Department.

“Looking over the new legislation, there are no changes that we were against and nothing that changes our procedures and how we have been doing asset forfeiture over the past several years,” said Andrew Toolin, a detective with the Drug Enforcement Unit.

Dickinson County District Court Judge Sexton headed the committee that wrote the bill.

“He gave great praise to the Dickinson County Sheriff’s Office and other surrounding agencies in his judicial district for our asset forfeiture cases,” Toolin said.

The bipartisan legislation, which Gov. Laura Kelly signed April 24, should improve due process for property owners and increase government accountability.

Senate Bill 458 increases the steps needed to initiate the asset seizure process and requires clear and convincing evidence, rather than a preponderance of evidence, to move forward. The bill also decreases the time an agency has to move forward with a seizure and imposes limitations on requests by state and local law enforcement for federal adoption of seizures.

Although several law enforcement agencies testified to Kansas Legislature in opposition of the legislation, Dickinson County Sheriff Jerry Davis said he agreed the changes were necessary.

“We’re not in this for the money,” he said. “I know some other agencies have done that and that’s wrong. We’re here to try to stop the flow of drugs not only in our county but in other … counties as well.”

One reason legislators and the public pushed for forfeiture reform was the state law allowed agencies to keep funds regardless of a conviction for a crime. Although by law it was permitted, Toolin said it is not common practice at the Dickinson County Sheriff’s Department.

“There have been times where property or currency have been seized and an arrest is not made, but that is rare around here,” he said. “For example, if a transport company is hauling freight or vehicles that contain illicit drugs or bulk currency we would initiate an investigation with help from our state and federal law enforcement partners immediately. If through our investigation we are able to tie that property or currency to criminal activity then we would seize it and further the investigation but not arrest the driver, due to them being an innocent party with no knowledge of the contents.”

Second highest in state

Kelly signed Senate Bill 458 two days after the Kansas Bureau of Investigations released its annual report on civil asset and seizure forfeiture cases. The report shows that in 2023 Dickinson County Sheriff’s Department had the second highest cash and property total forfeiture in the state, coming in behind Wichita Police Department.

The total forfeiture for the year was $203,894. Of that, $110,494 was in currency and $93,400 was in property.

Nearly all the cash forfeiture, $108,000, was from one of the agency’s six forfeiture cases by the criminal interdiction team.

“We focus on transnational crime,” Toolin said. “Being a county that has a large interstate that runs through our jurisdiction we see a lot of West Coast and East Coast traffic by criminal organizations that are traveling through here transporting narcotic and bulk currency that involved in criminal activity.”

What proceeds are used for

Vehicles and property gained through forfeiture is either converted departmental use or sold at auction. Proceeds from the auction and forfeited currency is put in a fund separate from the department’s general fund.

Toolin said they have used the money to implement and maintain the body camera program, purchase uniforms and equipment for the deputies and to support advanced training.

The criminal interdiction team also helps fund the Sheriff’s Office Drug Enforcement Unit by supplementing vehicle and equipment purchases to combat drug crimes within the community, Toolin said.

While it is useful to have the extra funds Toolin said they are not “policing for profit.”

“There are many times in the course of our duties that we come across people with bulk currency that we don't seize,” he said. “We are taking this very seriously when it comes to investigating large scale-crime.

For example, he said his partner recently stopped an individual who was transporting about $60,000 in bulk currency concealed within his vehicle. Following a short detention and investigation, they determined the cash was not tied to criminal activity, and that individual was released with their currency.

“We take it very seriously,” he said. “When it comes to seizing people's property, and we want to make sure we're doing it right.”