Pubdate: Fri, 05 Apr 2002
Source: Daily Times-Call, The (CO)
Copyright: 2002, The Daily Times-Call
Contact:  http://www.longmontfyi.com/
Details: http://www.mapinc.org/media/1475

FORFEITURE LAWS PUSH DEMOCRACY'S LIMIT

There is a basic principle in the American justice system, without which a 
nation cannot claim itself a true democracy. It should never, for any 
reason, be tampered with. One is innocent until proven guilty.

Forfeiture laws put this tenet to the test. The intent of forfeiture laws 
is to provide authorities leverage to fight drug traffickers by seizing 
their proceeds. Nonetheless, under Colorado forfeiture laws, police have 
the power to confiscate cash or personal property from citizens who have 
not even been charged with a crime. A person may be arrested but not 
convicted, but authorities are allowed to keep any confiscated cash or 
property.

Though law-abiding citizens would unanimously support the premise that they 
want police to have the power and tools to enforce laws, forfeiture laws 
are an invitation to abuse of power. Some Colorado law-enforcement agencies 
allegedly have used forfeited cash to pay for Christmas parties and pizza, 
and used confiscated cars for undercover work. True or not, the potential 
for abuse exists.

Two Colorado legislators are forming what has been termed an unlikely 
alliance to change Colorado forfeiture laws. Democratic Sen. Bill Thiebault 
joined forces with Republican Rep. Shawn Mitchell to introduce House Bill 
1404, to limit police powers. The bill proposes that law-enforcement 
officials would report what they are confiscating and what they are doing 
with it. It would shift the burden of proof onto authorities, requiring 
"clear and convincing evidence" rather than the current "preponderance of 
evidence." It would require a criminal conviction in most cases.

Some police agencies are upset over the proposed law, claiming the law is 
not abused, and in fairness, most police agencies would not misuse 
confiscated property. As Thornton police Chief Jim Nursey said, "It helps 
put people out of business who are a blight to our community." Some 
agencies, in fact, use the proceeds for drug task force training.

Larimer County Sheriff Jim Alderden said it is "only fair" that criminals 
be deprived of their ill-gotten gains, and few would argue with that 
statement. It also is "only fair" that citizens not lose their property or 
serve hard time behind bars until courts determine they are guilty.

Our law-enforcement agencies deserve support and every legal tool necessary 
to fight the war on drugs, but American justice also is on trial here. 
Genuine due process is still the name of the game - it's what separates 
democracies from dictatorships.
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MAP posted-by: Keith Brilhart