Pubdate: Wed, 25 Oct 2000
Source: Register-Guard, The (OR)
Copyright: 2000 The Register-Guard
Contact:  PO Box 10188, Eugene, OR 97440-2188
Website: http://www.registerguard.com/
Author: Jeff Barnard, The Associated Press

DRUG CZAR ATTACKS BAN ON FORFEITURE

CENTRAL POINT - White House drug czar Barry McCaffrey said Tuesday that an Oregon measure requiring police to get a conviction before seizing private property in drug cases is not necessary to protect people's rights.

Though acknowledging a need to protect people's rights to privacy, a presumption of innocence and against unlawful search and seizure, McCaffrey said he felt people were adequately protected by the requirement that a judge authorize civil forfeitures.

``We need to be aggressive in law enforcement, with not only criminal penalties but also civil and administrative tools to go after well-organized drug criminals,'' McCaffrey said in remarks to reporters after a speech to high school students about staying off drugs.

``We should stand behind law enforcement, particularly when - as I understand their actions - it requires the authorization of a judge. As long as that safeguard is there, I think we're OK.''

Federal and Oregon law allow authorities to seize and not return property from people based on a determination of probable cause of wrongdoing by a judge.

Measure 3 on the Oregon ballot would prohibit police from seizing private property connected to drug cases unless a person is convicted of a crime. Federal agents would not be bound by the prohibition.

Geoff Sugerman, who is running the campaign for Measure 3, said a state report covering nine months of 1999 found only 34 percent of civil forfeiture cases involved criminal charges, let alone convictions, and that those figures were based on incomplete reporting.

``What you set up there is this inherent conflict of interest where law enforcement is policing for profit,'' Sugerman said.

McCaffrey announced on Oct. 16 that he would resign as director of the Office of National Drug Control Policy, effective Jan. 6. The retired Army general is considering teaching offers, including a return to West Point.

Invited to speak by the group Southern Oregon Drug Awareness, McCaffrey told several thousand area high school students at the Jackson County Expo that a 12-year-old drinking beer and smoking marijuana on the weekends had, statistically, the greatest likelihood of having drug problems as an adult.

He urged teens to watch out for each other and get friends with drug problems into treatment. He warned that the recreational drug Ecstasy, known as the ``Hug Drug,'' could cause brain damage.
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