Expiration of Seizure Law Stymies Police : Finances: Narcotics officers and prosecutors struggle to operate without a valuable--and profitable--tool. New legislation is in limbo.

Area law enforcement officials are grappling with the loss of a powerful tool and lucrative source of income--the state’s asset forfeiture law, which expired Jan. 1. No longer can they routinely seize cash and other property from alleged drug dealers.

In the past five years the sale of confiscated assets tied to drug trafficking generated about $155 million in the state, including nearly $2 million in Long Beach.

While the legislature considers new forfeiture proposals, police agencies and prosecutors remain stymied.

Capt. Doug Storm heads the 30-member Orange County sheriff’s narcotics team that recently found 2,000 pounds of cocaine in a raid at a Cerritos home. About $3 million in cash that the task force seized during raids is frozen in a bank account while the law is in limbo.

About 400 forfeiture hearings and trials have been put on hold. “It’s a complete mess,” said Deputy Dist. Atty. Richard de la Sota, who handles forfeiture cases for Los Angeles County.

Taking away forfeiture laws means “a setback to our efforts to stop drug trafficking,” said Sharon Diggs-Jackson, analyst for the Long Beach Police Department.

Proceeds from the sale of confiscated property have paid for training and equipment for narcotics officers and drug education programs, she said. The department has purchased a helicopter and has put about 10 confiscated cars and trucks into service.

Local police agencies were able to keep 76.5% of the proceeds from confiscated property under the old law. The rest was divided between local district attorneys offices and the state Department of Justice.

The typical forfeiture case involves cash, cars and telephones, Diggs-Jackson said. Long Beach police also have seized boats, motorcycles, stocks and bonds, personal watercraft vehicles, jewelry, high-tech weapons and even small airplanes. Also, Diggs-Jackson said, police have routinely confiscated items used in the drug trade, such as scales and money-counting machines.

New legislation has been held up because of a dispute over how strong the forfeiture laws should be.

The Assembly approved a bill that would provide more safeguards for innocent owners of confiscated property. The Senate approved a bill similar to the law that just expired. A conference committee will try to resolve the differences.

Some critics, including the American Civil Liberties Union, contend the recently expired law was too tough. That law, which was passed in 1989, allowed police to seize items that were believed to be connected or traceable to a drug-related transaction.

The 1989 law “put the burden of proof on the person,” ACLU attorney Alin Friel said. “All the government needs is some element of probable cause, some informant who’s never named, to implicate a house or car.” The “probable cause” might also be otherwise inadmissible hearsay evidence.

A previous law, which had passed in 1988, required a criminal conviction before any property could be seized.

The ACLU favors legislation similar to the 1988 version. Assemblyman Richard Katz (D-Sylmar), who helped draft the tougher 1989 law, favors reinstating the 1989 version with minor revisions.