LET'S
LET'S TALK FOR A FEW MINUTES ABOUT YOUR PROPERTY, YOUR RIGHTS AND THE FIGHT AGAINST
CRIME. 13 INVESTIGATES IS
LOOKING TO A LAW THAT ALLOWS
POLICE AND PROSECUTORS TO TAKE
YOUR PROPERTY AND KEEP EVEN
BEFORE YOU'RE CHARGED WITH A
CRIME. I MEAN WE'RE TALKING
ABOUT BILLIONS OF DOLLARS WORTH
OF CARS, CASH, EVEN HOUSES.
TONIGHT OUR DUSTIN GROVE
INTRODUCERS US TO A FAMILY
COURT RIGHT IN THE MIDDLE AND
CHANGES HAPPENING RIGHT NOW TO
KEEP IT FROM HAPPENING AGAIN.
>> IN THIS PARTICULAR CASE, I
HAD NOTHING TO DO WITH ANYTHING
ILLEGAL YET THEY GOT TO KEEP MY
CAR. >> IT'S BEEN ALMOST EIGHT
YEARS SINCE GINA PORTER AND HER
HUSBAND JACK WOUND UP IN A
FIGHT TO GET THEIR CARS BACK
CONFISCATED BY POLICE FOR A
CRIME THEY SAY THEY HAD NOTHING
TO DO WITH AND ONE THAT PLAYED
ON THE BACK OF IT FOR MY
HUSBAND WHO IS NOW ON HOSPICE.
BUT WE HAVE TO GO BUY ANOTHER
VEHICLE SO HE CAN GET AROUND.
THAT'S ABOUT IT WAS THE HORNERS
STORY STARTS HERE ALONG A RURAL
ROAD LIKE THIS ONE ON THE
MARION HANCOCK COUNTY LINE.
GINA'S SON HAD BEEN BORROWING
BOTH THEIR CARS WHILE THE
HORNERS WERE OUT OF STATE ON
VACATION. HE WAS PULLED OVER BY
POLICE. >> HE HAD MARIJUANA
INSIDE THE ONE HE WAS DRIVING
LOCAL AUTHORITIES ARRESTED HER
SON AND TOOK AWAY BOTH THE
HORNERS VEHICLES. A 2008 JEEP
CHEROKEE AND AN OLDER MODEL
FORD PICKUP. IT TOOK EIGHT
MONTHS AND A JUDGE TO GET THEM
BACK. >> WHAT HAPPENED WAS
WRONG. I MEAN IT WAS MY STUFF.
I HAD NO IDEA WHAT MY SON WAS
DOING BUT FOR YEARS THE LAW HAS
ALLOWED LAW ENFORCEMENT TO DO
JUST THAT USING SOMETHING
CALLED CIVIL ASSET FORFEITURE.
HERE'S HOW IT WORKS. THEY CAN
TAKE PROPERTY, SELL IT AND KEEP
ALMOST ALL OF THE MONEY AS LONG
AS THEY BELIEVE THAT PROPERTY
WAS MORE LIKELY THAN NOT
CONNECTED TO A CRIME. POLICE
AND PROSECUTORS CAN USE MOST
OF THAT MONEY TO BE REIMBURSED
FOR WORKING THE CASE AND TO
FUND THEIR DEPARTMENTS AND YOU
DON'T HAVE TO BE CHARGED OR
CONVICTED. >> CRITICS LIKE
JENNIFER MCDONALD AND HER
COLLEAGUES AT THE NONPROFIT
INSTITUTE FOR JUSTICE SAY EVEN
IF YOU ARE CHARGED WITH A
CRIME, THE PUNISHMENT OF TAKING
YOUR PROPERTY CAN BE HARSHER
THAN THE CRIME ITSELF. >> THEY
POINT TO TYSON TIMBS WHO LIVES
IN MARION. HE PLEADED GUILTY TO
DRUG CHARGES, GOT PROBATION AND
PAID SOME FINES USING CIVIL
FORFEITURE. POLICE ALSO TOOK
HIS 40000 LAND ROVER. HIS
LAWYERS HAVE BEEN FIGHTING FOR
EIGHT YEARS TO GET IT BACK,
CALLING THE SEIZURE EXCESSIVE
PUNISHMENT. >> THE CASE WENT
ALL THE WAY TO THE U.S. SUPREME
COURT. AS FOR THE HORNERS, THEY
DIDN'T KNOW THAT THEIR SON WAS
GOING TO HAVE DRUGS IN THE CAR.
BUT HOW DO YOU PROVE THAT AND
SO THAT MAKES IT REALLY EASY
FOR THE GOVERNMENT TO FAUCHI
PROPERTY. >> SO JUST HOW MUCH
MONEY ARE WE TALKING ABOUT?
OVER THE LAST 20 YEARS STATE
AND FEDERAL AGENCIES REPORTED
CONFISCATING ALMOST 70 BILLION
DOLLARS IN PROPERTY NATIONWIDE
.MORE THAN ONE HUNDRED
FOURTEEN MILLION CAME
FROM PEOPLE IN INDIANA. LAW
ENFORCEMENT AGENCIES HERE CAN
KEEP UP TO 93 PERCENT OF THAT A
LITTLE BIT OF RESEARCH SHOWS
THERE IS SUPPORT FOR CIVIL
FORFEITURE. PROSECUTORS CALL A
POWERFUL TOOL TO FIGHT CRIME
LIKE PUTTING A DENT IN THE
ILLEGAL DRUG TRADE BY TAKING
AWAY THE DEALERS PROFITS OR
THEIR VEHICLES. >> SOMETIMES
YOU FIND DEFENDANTS IT'S NOT
ENOUGH BUT LENGTHY. A LENGTHY
SENTENCE ISN'T ENOUGH IF THEY
CAN GET OUT OF JAIL AND CASH IN
ON ALL THE MONEY THAT THEY MAKE
FROM THE CRIMES. >> LAUREN DELP
IS THE HENDRICKS COUNTY
PROSECUTOR AND CERTAINLY HAVE
THERE BEEN NIGHTMARE STORIES IN
OTHER JURISDICTIONS? ABSOLUTELY
AND NO PROSECUTOR WANTS TO TO
ENGAGE IN ANY OF THAT. IT'S
REALLY ABOUT HOW IS IT THAT WE
PREVENT CRIME FROM BEING
PROFITABLE AND IN TWENTY
EIGHTEEN, INDIANA REFORMED ITS
CIVIL FORFEITURE LAW IN PART
REQUIRING PROSECUTORS TO FILE
PROBABLE CAUSE WITHIN SEVEN
DAYS OF SEIZING A VEHICLE IF A
COURT FINDS NONE, THE CAR GOES
BACK TO THE OWNER. STATE
SENATOR PHIL BOUTTE'S WANTS TO
GO A STEP FURTHER BY THE
CONSTITUTION SAYS THERE'S A
PROCESS THAT SHOULD BE FOLLOWED
AND OFTENTIMES WE'RE NOT USED
THAT PROCESS. >> HIS BILL WOULD
REQUIRE PEOPLE BE CHARGED AND
CONVICTED OF A