Pubdate: Fri, 02 Jan 2015
Source: Philadelphia Inquirer, The (PA)
Copyright: 2015 Philadelphia Newspapers Inc
Contact:  http://www.philly.com/inquirer/
Details: http://www.mapinc.org/media/340
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

FORFEITING THEIR RIGHTS

Commonwealth Court did the right thing in overruling District 
Attorney Seth Williams' outrageous attempt to confiscate a West 
Philadelphia widow's home after police arrested her son for allegedly 
selling less than $200 worth of marijuana at the house.

Following the filing of a federal suit challenging the city's civil 
forfeiture program, Williams has also backed off equally egregious 
efforts to take two other homes. In those cases as well, relatives of 
suspects accused of selling small quantities of drugs faced 
punishment even though they were not charged with a crime.

These developments are welcome setbacks to the city's overly 
aggressive application of civil forfeiture laws, which, unlike 
criminal forfeiture statutes, do not require a suspect to be found 
guilty before property allegedly used in a crime can be taken. 
Philadelphia prosecutors have been confiscating property that is only 
suspected of being used in a crime.

Darpana Sheth, an attorney with the Institute for Justice, which 
filed the federal suit, says Williams may be backpedaling but she 
isn't standing down. That makes sense since Williams hasn't agreed to 
immediately change how forfeitures are handled.

The Commonwealth Court decision will allow homeowners who can show 
they had little or no involvement in alleged illegal activity on 
their property to keep their homes. The decision, which Williams 
shouldn't appeal, also requires the city to set new, fairer standards 
to seize property.

Williams' historically underfunded office has been using proceeds 
from civil forfeiture sales to supplement its budget, having 
collected more than $60 million worth of property in a decade. But 
depriving people of their property without finding out if they were 
actually involved in an alleged crime is a frighteningly hypocritical 
way to help fund a law enforcement agency.

Further, it sets up a glaring conflict of interest. How judicious are 
prosecutors going to be in seizing property when their paychecks may 
depend on that cash? It would make more sense for Mayor Nutter and 
City Council to ensure the district attorney has adequate funds to 
run an effective office.

The shameful practice of confiscating property to meet budget demands 
has smeared Williams' otherwise effective Public Nuisance Task Force, 
which has done good work in seizing properties actually used as drug 
houses and brothels.

It shouldn't have taken a federal lawsuit or a Commonwealth Court 
decision to provide relief for people whose property never should 
have been confiscated. But more must be done. The legislature should 
change civil forfeiture laws to protect people from having their 
homes taken before they have received a fair hearing to determine 
their culpability.
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MAP posted-by: Jay Bergstrom