RALEIGH, N.C.-- Policing for profit or a program that helps law enforcement keep communities safer? That's the debate over a federal program that allows law enforcement to cash in on suspected crime, even if a person isn't charged or convicted.
"I think everyone can agree we don't want criminals to get to keep the things they steal," says John Guze, a senior fellow in legal studies for the John Locke Foundation. "What cops like to take is cash or otherwise, a vehicle."
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It's a process called civil asset forfeiture. Under state law, agencies can seize and claim suspected drug money, but only after the owner is convicted of a crime related to the cash. Agencies could keep some of the cash to cover investigatory costs, but the money left over would go to the local school system.
However, state law isn't always followed, according to Guze, "The problem we have in North Carolina and elsewhere is that the feds do it very differently."
Using a program called Equitable Sharing, local law enforcement can "team up” with a federal agency to take and keep that cash. Aside from getting around state law that would send that money to schools, Guze says equitable sharing raises some Constitutional concerns over property rights.
"Under federal forfeiture law, you don't even have to charge the owner of the property with a crime," he explained to WRAL Investigates.
In some cases, local officers are part of a federal agency's task force, meaning they are actually working together on a case. But Guze says that partnership isn't how it always plays out.
"They can also just refer a case to a federal court and that really amounts to a little more than money laundering," Guze said.
That's what happened when a Raleigh firefighter and his wife were arrested as part of an Alcohol Law Enforcement Investigation into drug sales in Glenwood South. A year after Nicholas and Amanda Banister were arrested by the ALE, the feds adopted the case and filed a forfeiture notice on the couple's home and 69-thousand dollars in cash.
WRAL Investigates went through years of Department of Justice reports on equitable sharing and found that all that money adds up. In Fiscal Year 2025, the DOJ shared $10 million with state agencies and almost $60 million over the last 4 years.
For the most part, under federal guidelines, police departments must use money on gear or supplies. We went through years of RPD budgets and found that those seized dollars were used for things like tasers, ammo, rifles and renting vehicles for the detective's unit.
WRAL Investigates asked Raleigh police the following:
- "How does that federal program benefit the department?"
- "What’s the agency’s response to opponents of equitable sharing who argue it promotes so-called “policing for profit?”
- Why would RPD lead the state in equitable sharing for two years in a row?"
In a written response, RPD did not answer why it leads the state in federal seizures- only saying the federal partnerships, "contribute to making Raleigh a safer community," and that the agency follows the program's guidelines, "which ensure the program is administered professionally, lawfully and in a manner consistent with sound public policy."
"There's no profit in policing," says Nash County Sheriff Keith Stone. "There's policing for the safety of the public, and that's why this is so scrutinized."
Stone defends the federal partnership. He calls it a win-win, allowing the agency to cover the cost of some gear and freeing up money to go elsewhere in the city or county budgets. Whether it's training or gear, Stone says a lot of thought goes into how to spend the money, "Hey, let's use this money very wisely. Let's use it in a way that we can stop the drug flow."
While Guze supports seizing money from criminals, he thinks the way the feds do it opens the door for trouble, "I'm not saying that North Carolina law enforcement agencies are abusing this, but the temptation for abuse is there."