Pubdate: Fri, 02 Jul 1999 Source: San Francisco Chronicle (CA) Copyright: 1999 San Francisco Chronicle Contact: http://www.sfgate.com/chronicle/ Forum: http://www.sfgate.com/conferences/ Author: MIKE PARKHURST PROPERTY CONFISCATION OUT OF CONTROL Editor -- While the House should be applauded for its recent bipartisan 375-to-48 vote to curtail abusive law enforcement from continuing to run amok by illegally seizing property, some of the hand clapping should include slaps on the wrists to Congress for allowing various police agencies to confiscate property from innocent victims in the guise of ``crime crackdown.'' Instead of fiddling while the Constitution burned, those same lawmakers should have been vigorously defending the Fifth Amendment which, in part, states that ``no person . . . (shall be) . . . deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use, without just compensation.'' ``Due process'' has been well-established as a trial in a court of law, not the malignant gaze of an ambitious prosecutor. Now, the state Senate is considering Soviet-style confiscation of property of those suspected of pornography? If the poorest and least-protected citizens cannot enjoy true justice, how far behind might be the middle class, the rich? Will someone suspected of burning the American flag have his home or car seized and sold by the Flag Police? What next? Will letters to the editor criticizing government be considered treasonous? MIKE PARKHURST, Half Moon Bay - --- MAP posted-by: Don Beck