As frightening as it may sound to some liberals, the Oklahoma legislature needs to come back in special session. This is a scary prospect for those who recall Judge Gideon Tucker's admonition that "No man's life, liberty or property are safe while the Legislature is in session." But, in Oklahoma, it appears that you're not much better off when they are not in session.
Civil asset forfeiture in Oklahoma has emerged as an international controversy. For those who do not know, civil asset forfeiture is the practice of law enforcement officials seizing personal property of those suspected of committing a crime. It is often done without charging and individual of a crime, and the practice requires individuals to take additional legal action to recover their property. Oklahoma's law enforcement community rates among the worst in the country for policing for profit. News stories across the U.S. have highlighted alleged abuse of this practice by law enforcement, including California, Arizona, and, yes, Oklahoma.
The latest news, that Oklahoma law enforcement contracted card scanners to allow officers to unilaterally seize money from confiscated debit cards, set off a furor around the world. News outlets reported on what is yet another, new means of probably violating the due process protections of people passing through Oklahoma. Sadly, it is not the first story on alleged civil asset abuse in this state; nor will it be the last.
Oklahoma's legislature was offered the opportunity to engage reform during its most recent session. Instead, lawmakers bottled up most legislation without a hearings. To their credit, they did pass a bill allowing individuals to recover attorneys' fees associated with recovering their legitimate, confiscated property.
Legislative democracy doesn't just mean engaging with the issues you like; it also means engaging the problems that must be addressed. It doesn't mean just protecting the people who voted for you; it means defending the Constitution, even if doing so benefits people who are unpopular with your constituency. And, Oklahoma's lawmakers have the chance to do the right thing by coming back in special session.
There are two ways to get a special session in Oklahoma. Either the governor can call the session, or two-thirds of both chambers' members can make a written call request to their presiding officers. Governor Fallin and the Oklahoma legislature have a chance to do the right thing, before the damage to Oklahoma's reputation becomes too severe. The legislature is already enjoying a strained relationship with the business communities of Tulsa and Oklahoma City, and another high-profile embarrassment does little to fix things with the Chamber crowd.
But, more importantly, those who purport to lead in the Sooner State have the chance to do the right thing. At present, Oklahoma law enforcement appears to be engaging in policies that clearly violate the 4th and 5th Amendment guarantees made to all Americans, that they and their effects be secure against unreasonable seizures, and that they not be deprived of property without due process of law.
Contrary to the statements of state authorities, an officer thinking you shouldn't have money without reason isn't due process of law; same applies to debit cards, or anything else of value. And, guilty-until-proven innocent is a concept that is foreign to American justice. And it should be in Oklahoma.