September 29, 2010

The American Civil Liberties Union of Minnesota urges the Hennepin County Attorney to reconsider his decision to dismiss the scandal of the Metro Gang Strike Force. "We call upon Mr. Freeman to let the voters of Hennepin County decide the case of the Metro Gang Strike Force," said Charles Samuelson, ACLU-MN executive director. "The County Attorney can call a grand jury, and give the decision to bring criminal charges to the voters affected by the MGSF abuses."

The American Civil Liberties Union opposes the power of law enforcement to seize and forfeit property without criminal charges. This power, known as administrative forfeiture, gives police the power to decide guilt and punishment. Under administrative forfeiture, the property owner must pay to sue to have their property returned, and the police do not need to charge or even arrest someone to punish them with forfeiture.

"The County Attorney has shown there is no punishment for abuse of forfeiture power," continued Mr. Samuelson. "We are shocked that he would make this decision without input from the public. Again, we urge him to call for a grand jury investigation, and let the community decide whether any crimes were committed."

A Minnesota grand jury consists of citizens in the county or counties where the alleged crime occurred and has 16 to 23 members. The work of the grand jury is done in secrecy. Once all the evidence has been submitted, the grand jury votes, finding first whether there is sufficient evidence to show that a crime has been committed and, second, whether there is enough evidence to show that the accused person committed the crime. At least 12 jurors must vote to issue an indictment. The deliberations of the grand jury remain secret, and the prosecutor alone has the power to make public any of the evidence submitted. A prosecutor can compel a witness to testify before a grand jury by offering the witness either immunity from prosecution or from having any of the witness's testimony (or anything learned as a result of that testimony) used against that witness in a subsequent prosecution.

The ACLU-MN is a non-partisan organization committed to protecting the United States and Minnesota Constitutions. Operating since 1952, the ACLU-MN has over 8,500 members all committed to protecting liberty, including the rights of Americans to be safe from unwarranted police searches and seizures.