Pubdate: Mon, 28 Jul 2014
Source: Washington Times (DC)
Copyright: 2014 The Washington Times, LLC.
Contact:  http://www.washingtontimes.com/
Details: http://www.mapinc.org/media/492
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

STOPPING POLICE PREDATORS

Left and Right Agree That Civil-Forfeiture Laws Must Be Radically Reformed

When the public is more afraid of the cops than the bad guys, the 
system is broken. There's reason for some law-abiding Americans to 
worry about their pocketbook becoming lighter after a visit from the 
lawman. Bonnie and Clyde never pretended to be anything but robbers.

A 64-year-old Texas woman, for example, was accused of being a drug 
dealer simply because she was carrying cash in her pickup truck from 
the sale of her land. The cops took her money, though she had never 
been convicted of a crime in her life. She had to sue in federal 
court to get all of her money back.

A family grocery store in Michigan was threatened by the IRS for 
"money laundering" because they handled money in the way their 
insurance policy required. Car owners giving friends a lift in New 
York City suffer their vehicles seized because the Taxi Commission 
thinks they're operating an illegal cab.

Outrages like these have happened in every state in the union. Civil 
asset forfeiture is popular among law enforcement because it's a 
lucrative racket. Concepts like innocent until proven guilty, due 
process and other constitutional rights don't apply. The victims are 
left with nothing but frustration, disappointment and rage.

Forfeiture rules are based on a legal fiction that cash, vehicles, 
and inanimate objects are "guilty" of committing crimes. A pickup 
truck doesn't have constitutional rights, so the police can take and 
keep the truck if they can say the "preponderance of the evidence" 
shows it was likely involved in a crime. The owner of the cash or 
property seized does not need his day in court because he might not 
have been charged with a crime. The law, as Mr. Dickens observed, is 
truly "a ass."

Sen. Rand Paul of Kentucky wants to stop this abuse with a bill that 
he calls the Fifth Amendment Integrity Restoration Act. It would 
eliminate the profit motive by requiring law enforcement agencies to 
send the money seized directly into the Treasury. The act would 
require cops to follow all applicable state laws, which would put a 
stop to local jurisdictions that have used federal seizure statutes 
to evade strict laws. Some states, such as Minnesota, have cracked 
down on forfeiture abuse.

Mr. Paul would raise the bar for consideration of evidence, requiring 
"clear and convincing evidence" before anything can be seized. That 
means an officer must prove that it is "substantially more likely 
than not" that an item was involved in a crime, which is an important 
step in the right direction.

Given the gridlock in Washington, this is a proposal that ought to 
advance, given its wide appeal across party lines. The American Civil 
Liberties Union has been outspoken on the need to rein in forfeiture 
laws, and so have conservative and libertarian groups, such as the 
Heritage Foundation and Cato Institute.

Democrats and Republicans alike ought to put this forfeiture reform 
on President Obama's desk. It's a golden opportunity for a bit of 
bipartisanship in a town that could use some.
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MAP posted-by: Jay Bergstrom