Pubdate: Fri, 07 Jul 2000 Source: Standard-Examiner (UT) Copyright: Ogden Publishing Corporation, 2000 Contact: P.O. Box 951 Ogden, UT 84402 Website: http://www.standard.net/ Forum: http://www1.standard.net/utah_central/forums.asp Author: Ralph Wakely, GROUP WANTS TO GET RID OF INCENTIVE FOR ABUSE SALT LAKE CITY In the war on drugs, some law enforcement agencies have gone too far in seizing cash and cars and even homes, a Utah citizens group said Thursday. Organizers hope their ballot initiative will get rid of the incentive for abuse. "Today we were notified we are qualified to be on the ballot," said Janet Jenson of Utahns for Property Rights. "This is not about crime. This is about restoring balance. We should not be creating an economic incentive" for police to seize people's assets. In less than three months, initiative organizers collected more than 120,000 signatures of Utahns, and county election clerks certified nearly 95,000 of those signatures as from registered voters. That's nearly 30,000 more signatures than they needed to get the initiative on the November general election ballot. Law enforcement agencies have turned more and more to asset forfeiture in their effort to combat drug crimes. They would take property used to facilitate a drug crime, such as a car used for drug running, or property purchased with drug money, such as a boat. But opponents said the "probable cause" standard for seizure is too lax. If the initiative passes, it would require officers to show "clear and convincing evidence" that seized property was directly connected to a drug crime. Under that standard, police could not seize the car of a father who innocently let his son borrow the family car and the son was then arrested for a drug crime. To keep the car, police would have to show a direct connection between the father and the drugs. "Governments have done it because they can. They looked at forfeiture as an important tool in their war on drugs," said Salt Lake Mayor Rocky Anderson. "But they've often ignored property rights." Last year in Utah there were approximately 500 property forfeitures worth about $730,000. But state auditors said they found cases of officers purchasing forfeited property "at questionable prices." The auditors also discovered instances of forfeiture proceeds being used to pay informants, in violation of state law. State Sen. Howard Stephenson, R-Draper, said, "Every generation has to win those rights anew," that the initiative will restore property rights that have been gradually undermined by efforts to combat drug trafficking. Since law enforcement agencies have been able to keep seized assets or sell them and reap the rewards of those transactions, Jenson said they have had a direct financial incentive to seize more and more property with less and less justification. The initiative would eliminate that revenue incentive. Officers would be able to recoup their costs of drug investigations if they win a conviction, but any additional money would go for victims restitution or into the state Uniform School Fund. People found innocent of criminal allegations would get their property back and the owners could not be charged such things as impound fees for seized motor vehicles. And the government would have to pay attorney fees to the prevailing party. "It is now very difficult and very expensive to get your property back," Jenson said. "This initiative could change that. There's clearly a problem and we need this changed." - --- MAP posted-by: Doc-Hawk