Pubdate: Sat, 25 Jan 2003
Source: Jonesboro Sun, The (AR)
Copyright: 2003, The Jonesboro Sun
Contact:  http://www.jonesborosun.com/
Details: http://www.mapinc.org/media/1825
Author: Deanna Winters
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

PROPERTY RIGHTS HAVE BEEN LOST

Mass confiscation has become politically fashionable. Politicians and the 
courts have created an overwhelming presumption in favor of the 
government's right to seize control over private land, private homes, 
boats, cars and even the cash in people's wallets. While the dispute over 
property rights is often portrayed as merely an economic contest, the power 
of government officials to seize private property directly subjugates 
citizens to the capricious will of those officials. Once upon a time, 
possession was nine-tenths of the law. Nowadays, gossip is sometimes 
nine-tenths of possession.

Thousands of American citizens are being stripped of their property on the 
basis of rumors and unsubstantiated assertions made by the government's 
confidential informants. The Justice Department's 1992 annual report on 
asset seizures declared, "no property may be seized unless the government 
has probable cause to believe that it is subject to forfeiture."

In reality, government officials are seizing people's property based solely 
on "hearsay" -- rumors and gossip -- from anonymous informants. (Hearsay 
evidence is held in such low esteem in the American judicial system that it 
cannot be introduced into criminal proceedings.)

Police routinely refuse to reveal their source of a rumor about the 
forfeiture target. Some policemen have likely invented anonymous informants 
to give them a pretext to take what they covet. Everybody needs a good 
attorney.

Deanna Winters

Harrisburg
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