Ohio law on the seizure and disposal of contraband and property used in the commission of a crime was modified with the passage of House Bill 241 in December 2006.
The law was sponsored by Congressman Bob Latta, R-Bowling Green, who was a state representative at the time, and became fully effective in July.
The law stipulates that any contraband -- substances illegal to possess like drugs, unlawful gambling devices, dangerous ordnances and obscene material -- can be confiscated by law enforcement officials.
The law also provides that instruments used in the commission of crimes, like firearms, computers, vehicles, watercraft or aircraft, can be forfeited to law enforcement via a court decision.
Drugs, obscene material and other contraband are typically destroyed by law enforcement. Other items like vehicles, computers, firearms or boats may be used for law enforcement purposes, sold at auction or destroyed.
"I am not a big fan of selling guns used in crimes at auction. There is no sense in putting something back out there," Weitzel said.
Monies generated from the sale of items auctioned off can be used by law enforcement for the furtherance of justice. The amount generated via these sales varies from year-to-year.
"It's not a fantastic amount," Kurfis said.
The Napoleon police chief also said that police try to avoid asking the court for the forfeiture of items which would result in a monetary loss for the law enforcement agency -- such as a vehicle with a lien exceeding its value.
"If it will cost the taxpayer money, we would not burden the taxpayer with it," Weitzel said.
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