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Oklahoma Governor Signs Civil Asset Forfeiture Law

Gov. Mary Fallin signed into law Thursday a bill saying judges may award attorney fees to people whose assets were unjustly seized by law enforcement.

By Rick Green

Gov. Mary Fallin signed into law Thursday a bill saying judges may award attorney fees to people whose assets were unjustly seized by law enforcement.

Other more far-reaching legislation seeking to restrict civil asset forfeiture failed to advance this legislative session under criticism from district attorneys and police agencies.

"It's nice to show positive movement in this area," said Sen. David Holt, R-Oklahoma City. "I don't dispute those who say more could be done. At least we got something done this year."

He said the legislation, which goes into effect on Nov. 1, may encourage more people to challenge unjust seizures.

Holt said concerns over attorney fees may have prevented some people from seeking court action to require a return of their property. Attorneys also may be more likely to take on such cases under the new law.

Ryan Kiesel, ACLU Oklahoma executive director said the measure, Senate Bill 1113, was needed to prevent an innocent person from having to spend thousands of dollars to get their property back.

"In many cases, the amount seized was less than what it would cost to hire a lawyer. This bill changes that," he said. "It's a matter of common sense that if the government unjustly takes your money or property, it should not cost you even more money to get it returned.

"Today common sense became the law in Oklahoma."

A recent civil asset forfeiture case out of the Muskogee area attracted national attention.

The Muskogee County sheriff's office seized $53,000 in cash from a Dallas man during a Feb. 27 traffic stop. The deputy contended the money was from drug sales, although no drugs were found.

Eh Wah, the tour manager for Burmese Christian rock band The Klo & Kweh Music Team, said the money was raised for a Thai orphanage and a nonprofit Christian school in Myanmar.

The Muskogee County district attorney's office dropped the case and is returning the money.

(c)2016 The Oklahoman

Caroline Cournoyer is GOVERNING's senior web editor.
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