Appellate decision leaves Wisconsin's seizure practices in question.

• Date: 12 May 2008
• Author: Ziemer, David

Byline: David Ziemer

Wisconsin's procedures for seizure of personal property as drug assets are constitutionally suspect.

A May 2 decision from the Seventh Circuit held that Illinois' procedures fail to provide the property owner a hearing within a reasonable time. Wisconsin's procedures arguably have the same defect

Assistant District Attorney Barbara A. Michaels, who handles forfeitures in Waukesha County, acknowledged that the federal case could be applied to Wisconsin's procedures for forfeitures as well.

The Illinois Drug Asset Forfeiture Procedure Act (DAFPA), 725 ILCS 150/1 et seq., permits the seizure of vehicles, aircraft, and vessels along with money involved in certain drug crimes.

When property is seized, forfeiture proceedings must be instituted. Within 52 days, the law enforcement agency must notify the state's attorney of the seizure.

If the property is worth more than $20,000, forfeiture proceedings must be filed within 45 days.

If less than $20,000, the owner must be notified within 45 days. The owner then has 45 days to file a...