NOT SO FAST ON SEIZURES

Anti-drug and anti-terrorism efforts dating to the early 1970s
included federal laws permitting the confiscation of property of those
charged with such crimes. Unfortunately, the law proved excessive --
people ultimately proved innocent lost their property and sometimes
couldn't get it back.

In addition, because some law enforcement agencies were entitled to
some of the proceeds from confiscations, there was a strong incentive
- -- too strong -- to bring charges.

Congress has now moved to correct the problem, with legislation passed
by both houses to make it tougher for prosecutors to seize property
before a trial begins. In addition, those who fight the seizure of
their property will be entitled to lawyers' fees if they win. Federal
judges also will be allowed to return property to people if those
people can prove a hardship.

These changes obviously are overdue in a law created during an
understandable, but too feverish, attempt to win the "drug war." There
is always a temptation, when a criminal threat is perceived, for
people to surrender basic rights in exchange for a feeling of safety.
It is a dangerous instinct, which in the case of the forfeiture laws,
also proved woefully unfair in many instances.

The federal government is a muscular institution and must be careful
in the exercise of its power. In this instance, Congress has wisely
put some curbs where they belonged.