PROPERTY CONFISCATION

[Jerry D Mead]

Tom...Think twice before endorsing even drug-oriented property seizure...the problem is giving law enforcement and the courts a profit motive. We have had shameful cases here where someone's plane, boat or automobile is found to have a few seeds or stems of marijuana (perhaps left by a visitor, a parking valet, someone the vehicle was loaned to, whatever) and the cops have seized the property and the owner has had a devil of a time getting his property back.

And even in cases where the owner is found innocent of charges, they still have to sue to get their property back under most seizure laws.

There have been instances where valuable boats, houses and other properties have gone into disrepair from neglect, destroying much of their value, while these cases drag on for years. Even when the accused is aqcuitted, he pays a heavy price in legal fees to get property back that has often been lessened in value by police/court misuse/neglect.

I believe in due process. Convict the person first, and then visit whatever penalty you will, including seizure.

The drug versions of these laws also often serve as the worst kind of double jeopardy. A chap gets convicted of possession of a couple of joints, gets a $50 fine and probation for a first offense...and loses a $200,000 boat on which it was found.

They are simply too open to abuse.

The Everything Curmudgeon