D. A. Resumes Asset Seizures Over Drugs

The Ventura County district attorney’s office is back in the business of seizing drug dealers’ cash and property after announcing in January that such cases would no longer be pursued because of confusion stemming from expiration of the state asset-forfeiture law in December, officials said.

Dist. Atty. Michael D. Bradbury said he reversed his policy after meeting with other California district attorneys who are still accepting cases under a 1988 statute.

“Our decision is just to take a very careful, conservative approach,” he said. “We’re reviewing all cases on an individual basis.”

At the heart of the confusion are conflicting legal opinions and court decisions on the status of California’s asset-forfeiture law.

Late last year, the state attorney general’s office issued an opinion that once the law expired in December, an earlier forfeiture law from 1988 would take effect. That opinion clashed with a ruling by the state legislative counsel that no law would be in effect after Dec. 31, 1993.

Among other differences, the 1988 law requires law enforcement officials to obtain a criminal conviction to justify a seizure of property.

Bradbury said his office will follow the guidelines of the 1988 statute. As a precaution, he said, the proceeds of all new seizures will be held in a trust until the legal questions are clarified by a state appellate court or until new legislation is passed.

The assets will then be disbursed to the law enforcement agencies involved in the seizure.