Pubdate: Thu, 07 Dec 2000
Source: Oregonian, The (OR)
Copyright: 2000 The Oregonian
Contact:  1320 SW Broadway, Portland, OR 97201
Fax: 503-294-4193
Website: http://www.oregonlive.com/
Forum: http://forums.oregonlive.com/
Author: Maxine Bernstein

COUNTY HALTS FORFEITURE CASES

The Multnomah County District Attorney Advises Police Agencies To 
Suspend Property Seizures, Citing Confusion Over Measure 3

The Multnomah County district attorney's office has thrown out about 
15 unresolved drug forfeiture cases and will not file any new ones 
until Oregon law is amended to reflect Measure 3 reforms.

In a memorandum to all county law enforcement agencies, District 
Attorney Michael Schrunk said it would be unwise to proceed with such 
forfeiture cases because there are too many ambiguities resulting 
from the passage of Measure 3, which takes effect today.

The county is also concerned that police agencies and prosecutors 
could be penalized with fines triple the value of forfeited property 
if a case does not conform to Measure 3.

"We have moved on the side of caution," Schrunk said Wednesday. "The 
risk is relatively high because of the lack of procedures. If we get 
an adverse ruling, a government agency may be subject to damages."

Measure 3 amends the state constitution to prohibit local and state 
governments from claiming property through civil forfeiture 
proceedings unless the owner is first convicted of a crime involving 
the seized property.

Schrunk's sweeping directive comes as a work group in Salem, made up 
of proponents and critics of the measure, is drafting a bill that 
reflects the changes voters approved. If the process runs smoothly, a 
bill could be presented to state lawmakers next month.

But until then, Oregon law enforcement agencies, including the 
Portland Police Bureau, Oregon State Police and some of the 25 
regional drug task forces across the state, have decided to restrict 
their forfeiture cases. Yet they pledge to remain aggressive in drug 
enforcement.

Measure 3 advocates called Multnomah County's and other police 
restrictions unnecessary.

"I think it's an overreaction," said Dave Fidanque, executive 
director of the American Civil Liberties Union of Oregon, who helped 
draft the measure. "It sounds overly cautious to me."

Under Measure 3, police can continue to seize property they suspect 
is associated with illegal activity. But before the agencies can 
claim the property for resale or their own use, the following would 
have to be met: The owner would have to be convicted of a crime, the 
government would have to show clear and convincing evidence that the 
property it wants to claim was associated with an illegal activity, 
and the value of the property claimed must be proportionate to the 
severity of the crime.

The measure also bars law enforcement from pocketing the proceeds 
from the sale or confiscation of forfeited property and directs the 
money to be used for drug treatment or education instead.

Police suspend some seizures In light of Schrunk's directive, 
Portland police and the Regional Organized Crime Narcotics Task 
Force, a multiagency team in Portland known as ROCN, will temporarily 
suspend the seizure of cash or cars or property they suspect is tied 
to drug activity, unless it is criminal evidence.

City police also will temporarily stop seizing cars from suspected 
johns who solicit prostitutes and will not try to permanently 
confiscate the vehicles of repeat drunken drivers, actions that have 
been allowed through local ordinance. With forfeiture proceeds no 
longer flowing back to law enforcement agencies, Portland police said 
they will not have enough funding to store seized vehicles for the 
period it takes to obtain a conviction.

"The best approach for us is to put the brakes on everything and just 
slow down and see where it is we go," said Capt. Jim Ferraris, who 
supervises the Portland police drug and vice division.

Capt. Alan Orr, who commands the 10-member ROCN task force, said it 
operates on an annual $2 million budget, relying on about half a 
million dollars from forfeiture proceeds each year. He estimates that 
the accumulated forfeiture revenue will dry up in four years, and the 
task force will then have to find alternative financing from grants 
or local governments to continue operating.

In recent weeks, Multnomah County prosecutors have dismissed about 15 
low-level forfeiture cases stemming from minor drug possession or 
distribution cases in which convictions are not expected, returning 
small amounts of seized cash to owners, Schrunk said.

The county also transferred about five cases to the U.S. attorney's 
office for federal forfeiture -- a transfer that Measure 3 will now 
prohibit. One county case, for example, was filed in U.S. District 
Court on Wednesday in which authorities are attempting to seize a 
Southeast Portland residence where Portland police said they had 
found a marijuana-growing operation in a basement bunker.

Whether the federal government would be able to share the proceeds 
from any forfeited property with state or local agencies is still 
under debate. Measure 3 proponents say no, but the sharing of federal 
proceeds is already being challenged in court.

Assistant U.S. Attorney Leslie Westphal, who handles federal 
forfeiture cases, said she expects the federal forfeiture workload in 
Oregon to grow.

"In the past, we have not gone after smaller cases," she said. "But 
now that the local agencies don't have that authority, we're going to 
have to take many of those."

Oregon State Police are putting a temporary halt on forfeiture cases 
in which the property seized has a value of less than $10,000, and 
they will not seize any vehicles related to drug crimes.

"This is just an interim action," said State Police Lt. John Salle, 
commander of the 36-officer state police drug enforcement section. 
"We didn't want to continue to do business as usual because the 
complexion of the law has changed."

In other counties, forfeiture cases are proceeding, but with 
increased scrutiny.

In Washington County, the Westside Interagency Narcotics Team has 
been instructed to continue to seize property in drug cases, only if 
it expects criminal charges involving the seized property to be 
brought against the owner. The team also has been told to clearly 
document the connection between the property taken and the crime 
committed, said Bill Blair, senior assistant Washington County 
counsel.

In Lincoln County, which is suing the state claiming Measure 3 is 
unconstitutional, no directives have been issued to law enforcement.

"I'm analyzing each on a case-by-case basis," said Rob Bovett, 
assistant county counsel.
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