Pubdate: Tue, 07 Apr 2009
Source: Greensboro News & Record (NC)
Copyright: 2009 Greensboro News & Record, Inc.
Contact:  http://www.news-record.com/
Details: http://www.mapinc.org/media/173
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

THE PRICE OF IRRESPONSIBILITY

North Carolina has a strong law meant to protect people from 
intolerable activity in their neighborhoods, and High Point 
authorities put it to good use last week.

The end result was the seizure of a house on Hendrix Street known for 
drug-dealing, violent behavior and other activity that neighbors and 
police refused to put up with anymore.

Because everyone has a constitutional right to be secure in his home 
against unreasonable searches and seizures, state law sets out 
detailed conditions for determining just cause for severe action.

"We don't take this lightly," High Point Police Chief Jim Fealy said. 
"It's a drastic last step."

To get there, police documented records of 199 calls to the house, 
including 16 domestic disturbances, 28 drug-related complaints, five 
public disturbances, one reported rape and one instance of shots 
fired. The "abatement of nuisances" statute includes several 
definitions of a nuisance. Among them: any building or place used for 
the illegal possession or sale of controlled substances, or where 
repeated acts occur that constitute a breach of the peace.

Several residents signed affidavits in support of the police records, 
the owner of the property was repeatedly warned, with no correction, 
and the case went to court. By law, if a judge finds by "clear and 
convincing evidence" that the owners either participated in 
maintaining the nuisance or had knowledge of it and failed to make a 
good-faith effort to stop it, and the complainants seek to seize the 
property, "the court shall order forfeiture."

The property then is turned over to the local school board. Owners 
should be held accountable for criminal behavior on their property, 
whether they live in the house or rent it to someone else. They have 
a responsibility to the neighborhood to maintain a peaceful 
environment. If they fail to exercise proper control and ignore 
repeated warnings, they deserve to lose the property.

The law was written for cases like this, and it ought to be used every time.
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MAP posted-by: Jay Bergstrom