LAWS SHOULD BE FOR PROTECTION, NOT FOR RAISING MONEY

The drug war has provided the entertainment industry with seemingly
endless fodder for movies and novels. It has also led to laws that
trample Americans' freedom and rights in the effort to rid the nation
of illicit drugs. Among those laws are some we find particularly
galling, such as asset forfeiture laws that allow law enforcement
agencies to seize property or possessions that are linked to crimes.
These laws have been misused to fatten government coffers, sometimes
without the benefit of due process. And while seizures are always
serious business, sometimes there's a humorous, if not outright
ridiculous, side to them.

Harold Von Hofe of Branford, Conn., found out the hard way that
growing pot in one's basement can have serious consequences. He
pleaded guilty to manufacture or distribution of a controlled
substance after police raided his home and found 65 marijuana plants
and assorted drug paraphernalia. His wife, Kathleen, pleaded guilty to
possession of a controlled substance, even though she denied knowledge
of Harold's secret garden in the basement of their home.

The Von Hofes were sentenced to probation for their crimes. But they
were in for a larger penalty. When the government moved to seize the
house, Kathleen objected, arguing she shouldn't lose her home because
she was unaware of what was going on downstairs and was guilty of
simple possession. The 2nd Circuit Court of Appeals agreed and let her
keep her half of the house.

Although we can see the justice of not taking Kathleen's home from her
for something of which she was unaware, we struggle with finding any
sense in the case. If one believes Harold got what he had coming, what
did he lose? He still lives in the house with his wife; they're just
joint owners with the government.

Kathleen is free to take out a mortgage and buy out the government's
interest, but that means she would pay an additional penalty above her
probation, and a high price to pay for simple possession. It makes the
government appear to be in the drug war just for the money.

Laws should be implemented to protect citizens from the actions of
others, not to raise money for the government. If politicians think
government needs more money, they should raise taxes and face the
voters in the next election.