editorial comment "They don't have to be convicted, but we do comply with the due process requirements," Smith said, referring to seizing property. Keep up the good work, officer Smith....

By SHELLEY HANSON


WHEELING - Vehicles, property and cash used in drug deals can be seized from an alleged offender through due process of law, said Ohio County Prosecuting Attorney Scott Smith on Wednesday.

During an April 5 city council meeting, Councilman Barry Crow inquired as to whether city police officers could legally confiscate drug dealers' vehicles during arrests. He believed that taking away dealers' vehicles may help decrease deals in the future.
During the meeting, Crow mentioned the East Wheeling neighborhood specifically as a place where out-of-state drug dealers conduct their business. He said he had noticed several different state license plates on vehicles cruising the neighborhood.

"They are only there for one reason - drugs." Crow said. "Maybe they wouldn't be quite as active in that area."

The process that allows for such seizures already is in place and is used by the county prosecutor. Smith said his office has not only seized drug dealers' vehicles, but also real estate and cash.

During the past 12 months, two homes with a combined value of $80,000, $35,500 in cash and one motor vehicle all were taken via forfeiture proceedings, he said.

"We file forfeitures all the time. More often it's for cash," Smith said. "I think it's excellent. We will continue to do it. It helps law enforcement continue efforts against drug trafficking."

Smith said proceeds from items that are auctioned or individual cash amounts are most often divided between his office and the participating law enforcement agencies, such as the Ohio Valley Drug and Violent Crime Task Force. Some seized vehicles are even used by the task force for work.

"State code permits the county prosecutor's office to initiate forfeiture proceedings, and we have been aggressive about seizing money and property. Through forfeiture proceedings, we have seized a lot of cash. In the past we've filed at least three forfeiture proceedings on real property."

Smith said proceedings can become complicated when someone contests a forfeiture. The actual owner of the property, such as a vehicle, who was not involved in the criminal action often contests.

"Anyone with interests can file a court pleading saying it's theirs," Smith said.

He also said the best type of seizure is one that is "free and clear" of any remaining payments. If money is still owed on a piece of property or vehicle, it is not always feasible for the prosecutor's office to pursue a forfeiture proceeding. If there is more than one owner, however, sometimes a deal can be struck with the non-offenders.

For example, Smith said in a proceeding concerning a house, there were four owners. Only one of the property owners was involved in the drug-related case, however. Still, the prosecutor may seize the drug dealer's portion of ownership. Other part-owners "can either buy me out or it's forced to be sold at auction. If it is sold for $40,000, we get a quarter of that," Smith said.

Smith also said forfeiture proceedings are separate from criminal proceedings.

"They don't have to be convicted, but we do comply with the due process requirements," Smith said, referring to seizing property.

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