Pubdate: Wed, 20 Mar 2002
Source: Daily Sentinel, The (CO)
Copyright: 2002 Cox Newspapers, Inc.
Contact:  http://www.mapinc.org/media/2084
Website: http://www.gjsentinel.com/

FORFEIT THIS LAW

The stories are all-too familiar: Someone suspected of a crime has his or 
her property seized by law enforcement. Although the suspect is never 
convicted of any crime, the property -- a house, car, cash, jewelry, guns 
or other materials -- are never returned. The person is forced to spend 
thousands of dollars in an effort to get the property back.

Two years ago, Congress placed new restrictions on federal forfeiture laws. 
Now two Colorado lawmakers -- a Republican and a Democrat -- want to do the 
same with the laws in this state.

Legislation being introduced by Sen. Bill Thiebaut, D-Pueblo, and Rep. 
Shawn Mitchell, R-Broomfield, would require that in most cases a person 
must be convicted of a crime before property can be forfeited. And it would 
shift the burden of proof to legal authorities to demonstrate the 
forfeiture is justified.

Some people in law enforcement object to such changes, arguing it makes it 
harder to battle criminals, especially drug traffickers. But the proposals 
are fair and do a much better job than current law of adhering to the 
constitutional presumption of innocence.
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MAP posted-by: Alex