Pubdate: Tue, 06 Jan 2015
Source: Republican & Herald (PA)
Copyright: 2015 Pottsville Republican, Inc
Contact:  http://republicanherald.com
Details: http://www.mapinc.org/media/1047

STATE SHOULD RESTRICT UNJUST FORFEITURES

Many state legislators from other parts of the commonwealth often 
treat Philadelphia like an exotic foreign country. But they should 
pay close attention to a Dec. 30 Commonwealth Court decision on a 
case that originated in Philadelphia, and quickly codify its findings as law.

At issue was civil forfeiture, a procedure that initially was 
authorized by many state legislatures as a weapon against 
drug-dealing, but which has become a cash cow for many law 
enforcement agencies nationwide at the expense of innocent civilians.

Under civil forfeiture, police and prosecutors are able to seize and 
dispose of property used in the commission of an alleged drug crime, 
even when the property is not owned by the person or people who 
committed the crime.

In the case decided by the Commonwealth Court, the Philadelphia 
district attorney's office had seized the home of a 69-year-old widow 
whose son had been arrested for allegedly selling $200 worth of 
marijuana there.

The ruling overturned the seizure and calls for new rules of evidence 
to prove that the owner of confiscated property actually participated 
in the alleged criminal conduct.

Philadelphia District Attorney Seth Williams planned to appeal, 
citing a hypothetical situation in defending the practice. If a 
suburban man drives into Philadelphia to hire a prostitute, he said, 
there is nothing wrong with a scenario where that individual has to 
call his wife and tell her the Volvo has been confiscated.

Well, sure, in a barroom conversation way. But that presumes that the 
hypothetical "john" owns the vehicle. Is it really right to 
confiscate the vehicle without due process; and how is it just if his 
wife, rather than he, owns the car and needs it for legitimate family business?

The Legislature shouldn't wait for an appeal. It should revisit the 
forfeiture law to ensure that it serves justice rather than police 
agencies' budgets.
- ---
MAP posted-by: Jay Bergstrom