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Police on pace to seize record number of cars

City program intended to deter illegal drug trade

By SCOTT DAUGHERTY and LISA BEISEL Staff Writers

Published 08/05/08

A new push by Annapolis police officers to crack down on drugs and violence in the city is having an added benefit: Record vehicle seizures and revenues.

Joshua McKerrow — The Capital Annapolis Police Sgt. Dave Garcia, who oversees the department's vehicle seizure program, stands beside an unmarked car that was bought with the proceeds of selling cars seized in drug cases, like the ones behind him. City police seized 120 vehicles in the first six months of this year, netting $23,960.

Sgt. Dave Garcia, who oversees the vehicle seizure program, said city police seized 120 vehicles in the first six months of this year, netting $23,960 in the process.

That puts the city on pace to reach 240 vehicle seizures in 2008, up 71 vehicles from 2007, and up 73 from 2006. The city netted $32,054 in 2007 and $32,800 in 2006.

Mayor Ellen O. Moyer, several aldermen and some community leaders praised the seizures - which started about 15 years ago - saying they deter drug users from coming to Annapolis to buy drugs.

They say that about 80 percent of criminals in the area use drugs and that if you can curb the drug use, you can curb crime.

"As far as I am concerned, the more (seizures) the better. … It sends the message that they shouldn't do business in the city of Annapolis," Ms.

Moyer said.

"It's an excellent law enforcement tool," said Alderman Frederick Paone, R-Ward 5, a prosecutor with the State's Attorney's Office. He believes it makes doing and selling drugs here "more trouble than it's worth."

Ross Arnett, D-Ward 8, argued judges can sometimes let people off easy when they are caught with only drugs. But, he said, that the immediate loss of a vehicle can deter their drug use.

And Jeanne Slawson, of the Neighborhood Watch in Eastport, said the city should do everything it can to fight crime. "If it helps deter people, let's do it," she said.

It is unclear if the seizures actually are deterring anything, though. The city seized about 170 vehicles a year for the past three years, only to see record numbers of murders and robberies.

"Is the message getting across the way we like? Probably not," Sgt. Garcia said. But he noted police rarely seize the same car twice, and the money the city makes on the seizures helps buy new surveillance equipment, computers and unmarked cars for the city Police Department. All of the seizure money goes to a special fund maintained by the department.

"They are helping us fund our war against drugs," he said.

Zero-tolerance

County police also seize vehicles involved in the drug trade, but far fewer than city police.

Sgt. John Gilmer, a county police spokesman, said the county seized 120 vehicles in 2007 and another 54 during the first six months of 2008.

The county seizes fewer vehicles because it usually seizes vehicles only when they are involved in a drug felony or where there is evidence the vehicle was purchased with drug proceeds.

Sgt. Garcia said when the city began its seizure program, officers had discretion on whether to seize a vehicle. About a decade ago, however, the department adopted the zero-tolerance policy.

"We wanted it to be fair for everyone," he said, explaining now it doesn't matter if the officer finds a glass pipe for smoking crack or a kilo of heroin - the city will take your car. "We're hoping that maybe it's the wake-up call they need, the reality check."

Sgt. Garcia estimated about seven of every 10 vehicles seized by city police don't belong to the driver. He said the seizure - and subsequent bill - may bring a drug problem to light.

Some people who have seen their cars seized by police complain the department is just trying to make a buck.

"I kind of see it as the cops taking advantage of somebody's weakness to make a dollar," Jeffrey Milstead of Edgewater told The Capital last summer. He was charged in March 2007 with possession of cocaine after a traffic stop. He had to pay the city more than $400 to get his 1992 Honda Accord back, even though the State's Attorney's Office eventually agreed not to prosecute and placed the charges on an inactive docket.

Few community leaders care, though.

"I don't have much sympathy for them," said Mrs. Slawson, of the neighborhood watch in Eastport. She noted they broke the law. "We've got to be tough."

Who tows?

Every car seized by city police ends up in the hands of Mason's Towing, which contracts with the city to tow and store all of the vehicles.

The city paid Mason's $13,600 in 2007, $13,400 in 2006 and $14,000 in 2005. In the first six months of 2008, the city has paid $9,600 to Mason's.

Mason's - which Sgt. Garcia said is the only tow company left in the city large enough to handle the job - cuts the city a deal in exchange for the contract.

Pete Parkinson, a manager at Mason's, said the city pays $66 for a regular daylight tow and $80 for a regular night tow. The city pays $7 for every day a vehicle sits on Mason's lot.

Retail, the average in-city tow costs about $70 and storage cost $20 a night, he said. "Some of these cars sit for eight, 10, 12 days," Mr. Parkinson said. If a driver needs to use a flat bed or a dolly, that could cost an additional $47.

For sale to owner

City police "sell" most vehicles back to the owners.

Sgt. Garcia said the owner must go to city police headquarters and pay a set fee - which is based on the circumstances of the arrest and what was found in the car. Sgt. Garcia said the buyback fees range from nothing to $500.

The owner usually buys back the vehicle within a couple days, long before the criminal charges are adjudicated in a county court.

Sgt. Garcia said the seizure is a separate civil matter.

"It's not related to the criminal charge at all," he said.

Sgt. Garcia explained that when the owner pays the fee, he must waive the right to contest the seizure. If the owner wants to contest the seizure, he can take it to court - but he risks losing the car and seeing it sold at auction.

In rare occasions, city police won't allow an owner to buy back his car. Sgt. Garcia said officers usually only do that if they seize a lot of drugs and the vehicle would be good for sale.

"We don't do that for a 1988 Ford Escort," he said.

Sgt. Garcia explained such forfeitures are a lot of work and time-consuming because they require court hearings. He said they don't want to spend the time to truly seize a car if it's not worth a lot. "It wouldn't be realistic (to do that)," he said.

Regardless of how much the owners pay, Alderman Richard Israel, D-Ward 1, said the city should keep seizing vehicles.

"Anything that can discourage the illegal market of drugs should be pursued," he said.

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Cars - August 8, 2008

Dateline did an investigation on Louisiana for a similar thing. Here's a link to the Dateline story, circa 1997: http://www.fear.org/luez-app.html And, if I'm doing my math right, the county is getting less than $200 for each car towed. Where's the profit? How can the county make any money on this after paying for the tow?? Anyone not guilty should get their car back without any charge and compensation for being without a car during that time, IMHO.