Guidelines Sought in Use of Seized Goods

Noting Police Chief Arb Campbell’s use of a confiscated Mercedes-Benz, the City Council has requested guidelines for handling property obtained under asset forfeiture laws and an accounting of how the spoils of the drug war have been used by police.

“I think the council needs to know what property we confiscate, and certainly the public needs to know,” said City Councilman Clarence J. Turner, who called for the review shortly before Monday evening’s council session. “I think the law can lead to potential misuse. Certainly, the temptation is there.”

Turner, who has concerns about asset forfeiture in general, said he was reacting to a news report in The Times last week that Campbell had placed at his own disposal a 1985 Mercedes-Benz 500 SEL seized in a drug bust. The story, based on city records and interviews with Police Department employees, described how Campbell used the luxury sedan for personal matters and routine business trips.

Under asset forfeiture laws, property seized in narcotics cases can be kept by police on the condition that it be used for a law enforcement purpose, and add to--not replace--existing resources. Though the statutes are vague, law enforcement officials say, they are intended to prevent confiscated property from being diverted to routine or personal use.

Every year, boats, cars, aircraft, real estate and cash, worth hundreds of millions of dollars, are confiscated by law enforcement agencies under state and federal asset forfeiture laws.

Much of it is distributed to local police departments to enhance their operations. Since the laws were enacted several years ago, Newport Beach has received cash, a boat and at least two Mercedes-Benz automobiles. Some of the proceeds were used to purchase a new helicopter.

“What I envision is a procedure to report to the council the use of this property and a complete inventory of what we have,” Turner said. “We need a justification for using all types of property to determine whether we keep it or sell it.”

Turner specifically asked City Manager Kevin J. Murphy to look into the possibility of developing a list of confiscated items and a city policy to determine how they will be used. Murphy said he is scheduled to report his findings at the next City Council meeting.

The Times reported on Friday that Campbell repeatedly used a Mercedes-Benz that was confiscated in a local narcotics case and put into police service in August, 1991.

City records, including vehicle logs, showed that although Campbell was assigned a city car for his own use, he took the Mercedes for routine police functions and to ferry his staff for short trips around town, primarily during the lunch hour.

Officers and other employees within his department also said the chief frequently used the luxury sedan for personal travel, including weekend outings, some of them to the Palm Springs area.

Acting Police Chief Jim Jacobs, reacting to inquiries by The Times last week, reassigned the Mercedes from the chief’s office to the detective division with the requirement that it now be used only for undercover work.

Jacobs was appointed acting chief on Oct. 15, hours after a police dispatcher accused Campbell and Capt. Anthony J. Villa Jr. of raping her at a Police Department party 11 years ago.

The dispatcher is one of five current and former female employees of the department pursuing a sexual harassment and discrimination lawsuit against Campbell and Villa, who have been placed on paid administrative leave.

Campbell and Villa have been unavailable for comment. Through their attorney, both men have denied the allegations, saying they have become the target of disgruntled employees who were disciplined or fired for misconduct on the job.