Yavapai County takes $8.6M in civil forfeitures over 10 years
The county is also slated to receive a further $2.1 million in federal funds for the purchase of a helicopter.
In the last 10 years, Yavapai County has seized more than $8.6 million from Arizona residents using civil forfeiture procedures, although the county’s takings from civil forfeitures have declined since the Arizona State Legislature’s introduction of new limitations on the process in 2017 and 2021.
The county is also slated to receive a further $2.1 million in federal funds for the purchase of a helicopter.
Civil Forfeiture
Civil forfeiture is a legal process that allows police to confiscate the property of individuals suspected of involvement in a crime without charging the owners with, or convicting them of, a crime, with the property or the proceeds of its sale then being retained by the agencies involved.
The U.S. Supreme Court found in Boyd v. United States in 1886 that “proceedings instituted for the purpose of declaring the forfeiture of a man’s property by reason of offenses committed by him, though they may be civil in form, are in their nature criminal,” and ruled that such proceedings were subject to the protections of the Fourth and Fifth Amendments.
However, the use of civil forfeiture procedures increased following the federal government’s introduction of its “war on drugs” in the 1970s as an attempted punitive measure to discourage organized crime.
“Arizona’s civil asset forfeiture scheme violates both the constitutions of the state of Arizona and the United States,” attorney Phillip Londen wrote in the Arizona State Law Journal in 2015. “Specifically, the scheme violates due process and contravenes the express delegation of plenary spending power to the legislature … Arizona’s civil forfeiture scheme features a prosecutorial system in which law enforcement officials and prosecutors have a direct pecuniary interest in the outcome of civil forfeiture proceedings.”
Arizona’s civil forfeiture system was reformed to some extent with the passage of House Bill 2477 in 2017, which raised the standard of proof required for forfeitures and limited the degree to which local police agencies could share in funds seized during collaborative operations with federal agencies. It also imposed greater oversight of the use of forfeited funds by agencies.
“Since the law changed, five, six years ago roughly, the expenditures by the county attorney had to go the board of supervisors for approval, and then expenditures by local law enforcement had to go to the county attorney’s office for approval,” Yavapai County Deputy Attorney Thomas Stoxen said on Sept. 26. The county attorney generally presents the board with a cumulative request for an appropriation of seized funds on an annual basis.
The passage of House Bill 2810 in 2021 changed state law to require that an individual be convicted of a crime before property can be seized, with limited exceptions, as well as requiring that the property seized be linked to the crime and that the government must prove a third party knew about the criminal use of their property before it can seize that property. It further eliminated non-judicial forfeitures and banned roadside waivers used to pressure motorists into relinquishing their property.
“They didn’t necessarily invite law enforcement into the discussion this last time,” Stoxen said of the passage of HB2810. “It was largely special interest groups that were running the show. We didn’t really get a seat at the table.”
The groups that campaigned in favor of HB2810 included the Institute for Justice, the Republican Liberty Caucus of Arizona, the Goldwater Institute, the American Friends Service Committee [Quakers], Middle Ground Prison Reform, Americans for Prosperity, the Justice Action Network, the Arizona Citizens’ Defense League, Arizona Attorneys for Criminal Justice and the Arizona Free Enterprise Club. The legislature’s Request to Speak system logged 960 individuals who registered to speak in support of the bill compared to 23 who registered to speak against it.
In spite of opposition from the Maricopa, Pinal and Yavapai county attorneys and police agencies across the state, HB2810 passed the state house by a vote of 57-2 and the senate by 29-1 before it was signed by Gov. Doug Ducey, who described it as protecting constitutionally-guaranteed rights.
Campamento Tortuguero Playa Hermosa is a turtle sanctuary on Bonfil Beach outside of Acapulco that rescues sea turtle eggs that would be likely destroyed by vehicles on the beaches or pilfered by tourists. The sanctuary protects the eggs, hatches them and releases the babies into the ocean while protecting them from seagulls and other winged predators.
The 35-year-old sanctuary is run by the mother/daughter duo of Monica and Michel Vallarino, who have helped educate the community and the tourists on the ecology of the turtles while simultaneously providing a refuge for puppies, kittens, ducks, rabbits, and other wayward animals.
The Art of Liberty Foundation hosted an annual fundraiser from 2018-2020 called the Art of Liberty on the Beach (aKa The Turtle Party), where many of the leading artists in the liberty movement have rocked the sanctuary including Grant "Prezence" Ellman, Truniversal/Free Willow, Alais Clay, the Freenauts, DJ Koala, DJ Ramiro Romani and ELA-mental among others.
The sanctuary was devasted by Hurricane Otis, a category five hurricane that hit Acapulco and Bonfil Beach on November 2nd 2023.
25% of Funds Raised Will Benefit Other Residents of Bonfil Beach
The Art of Liberty Foundation is organizing a fundraiser where 100% of the proceeds will go to direct relief. The Vallarinos have agreed to share 25% of the proceeds with other Bonfil Beach residents in need to be distributed at their discretion.