COURT BACKS MEASURE 3

Lincoln County's Attempt To Nullify The Voter-Approved Law Limiting Police
Seizures Fails.

A local judge Thursday upheld the legality of a ballot measure that
voters approved last fall to restrict police seizures of cash, cars
and houses.

Marion County Circuit Court Judge Pamela Abernethy turned aside the
challenge by Lincoln County and its interagency narcotics team, which
argued that Measure 3 covered more than one subject and proposed too
many unrelated changes to the Oregon Constitution.

"She found that Measure 3 met the proper standards and will continue
to be the law," said Geoff Sugerman, spokesman for Oregonians for
Property Protection, which promoted Measure 3.

Abernethy's decision was not based on the merits of the measure, which
requires a person to be convicted of a crime before police can keep
seized property in a civil forfeiture proceeding.

An appeal to the Oregon Court of Appeals is likely.

"This does not end the case here," said Rob Bovett, assistant counsel
who argued the case for Lincoln County. "We have four or five more
questions we need to have answered, so that we can figure out how to
implement Measure 3."

Abernethy rejected the main challenge to the measure -- that it made
at least two substantive and unrelated changes to the state
Constitution, requiring separate votes.

Lincoln County argued that Measure 3 was invalid because it also
earmarked proceeds from sales of seized property for drug treatment,
not law enforcement, and restricted state transfers of forfeiture
proceedings to federal courts.

The Court of Appeals last year interpreted a 1998 Supreme Court
decision to mean that changes are closely related if a vote for one
change implies a vote for the others. Abernethy said Measure 3 meets
that test.

"It ensures there is a conviction before a forfeiture proceeds," said
Dave Fidanque, executive director of the American Civil Liberties
Union of Oregon. "It also eliminates the conflict of interest on the
part of law enforcement to seize as much property as possible."

Salem police and other agencies have used proceeds from forfeitures to
train officers, buy equipment, and pay for anti-drug efforts in schools.

Animal-rights groups, including the Oregon Humane Society and Humane
Society of the Willamette Valley, joined the suit with Lincoln County.
But Abernethy ruled that Measure 3 applies only to civil forfeitures,
not those involving animals.

Last week, the Oregon House passed and sent to the Senate a bill to
implement Measure 3.

Some police agencies are seeking legislative approval of a criminal
forfeiture law, which would enable police to keep proceeds from
property seized as a result of a crime. House Bill 3642 will be
considered by a House subcommittee April 19.

"The question is whether the Legislature will allow law enforcement to
bring forth a bill that would thwart the will of the voters," Sugerman
said.