Annapolis police seize two vehicles due to misdemeanor marijuana possession

Anne Arundel County Assistant State’s Attorney Trevor Kiessling said police are well within their legal rights to seize vehicles when drugs of any kind or quantity are found.

Kiessling, who specializes in vehicle seizures, said the law provides that any vehicle used to transport, contain or store a controlled dangerous substance is subject to forfeiture.

But the president of a Maryland drug policy consulting agency questioned the fairness of the seizures under the circumstances.

“I think taking a car for a small amount of marijuana is excessive,” said Eric Sterling, president of the Criminal Justice Policy Foundation, a private nonprofit in Silver Spring.

Annapolis police charged a 23-year-old woman with drug possession Wednesday after she was pulled over on West Street for having a burned-out headlight and a “small amount of marijuana” was found in her 1999 Chevrolet Prizm, according to the Annapolis Police Department’s daily police activity report posted online. Police seized Prior’s Prizm.

The second incident occurred March 2, when Annapolis police say they saw three people in the 1300 block of Tyler Avenue smoke marijuana and then drive away in a Plymouth Voyager. Marijuana and smoking devices were found in the van after it was pulled over, and the van was seized, police said.

Sterling said the policy of seizing vehicles where drugs are found became popular with police agencies across the nation the 1980s as a way of deterring drug use.

However, “there is no evidence that it has reduced drug use,” he said. Officer Hal Dalton, spokesman for Annapolis police, said not only is their stance on the law meant to be a deterrent, but it also serves as a valuable source of revenue for the agency. He was not able to cite an exact figure.

Kiessling said it was his understanding that funds generated by vehicle seizure in Annapolis go into a special fund overseen by the Annapolis City Council, which approves how the money is spent.

He estimated that about $100,000 a year is generated countywide from vehicle seizures, with Annapolis police being one of the more “aggressive” agencies in regard to vehicle seizures.

About 300 vehicles a year are seized because of drug charges in the county, he said, though only about half of them are actually forfeited.

“Typically, we won’t go through with a forfeiture unless it is [involved in] a felony,” said Kristin Riggin, a spokeswoman for the State’s Attorney’s Office.

“We generally do seizures when we have a case of drug distribution,” said Lt. David Waltemeyer, a spokesman for the county police. Waltemeyer said Anne Arundel police used to seize vehicles for “simple possession,” but the priorities of the agency changed to going after the drug dealers.

mplum@baltimoreexaminer.com