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."