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News (Media Awareness Project) - US CA: The Definition Of `Unreasonable'
Title:US CA: The Definition Of `Unreasonable'
Published On:1999-05-13
Source:San Francisco Chronicle (CA)
Fetched On:2008-09-06 06:35:00
THE DEFINITION OF `UNREASONABLE'

MAYOR WILLIE BROWN wants to confiscate -- and sell -- the automobiles
of suspects arrested on suspicion of buying drugs or soliciting
prostitutes.

The key word here is arrested. Not to be confused with
convicted.

The Fourth Amendment of the U.S. Constitution explicitly protects
Americans against ``unreasonable searches and seizures'' of their
``houses, papers and effects.''

But Brown, who is running for re-election this year, regards the end
result as justification for the means.

``Let one user lose a BMW and we won't have any more users,'' he
declared. Naturally, Brown already has plans from the money the city
might collect off the sale of seized cars -- drug education programs
and either the DA's or city attorney's office.

While we have no tolerance for these drive-by havens of illegal
commerce in the city, we believe the solution is to arrest suspects
and fine those who are convicted. To impose the additional penalty of
forfeiture of a $40,000 BMW -- for an offense that would bring a $100
fine under the penal code -- is to define what the Founding Fathers
had in mind as ``unreasonable.'' And for government to keep the cars
of those who are not convicted is just plain un-American.
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