FINE-TUNING JUSTICE

Forfeiture Power Reined In At Last

While we're on the subject of overreaching government, let's take a moment
to give due praise to Colorado Gov. Bill Owens for signing into law a
measure that will cut back on law enforcement agencies' power to seize the
property of criminal suspects. The law-and-order Republican no doubt faced
a tough decision as police and prosecutors, including plenty who consider
themselves the governor's allies, had lobbied against House Bill 1404.

Under the new law, which takes effect July 1, a criminal conviction will be
required in most cases before property can be taken through the state's
asset-forfeiture statute.

You mean that wasn't that a given all along - innocent until proven guilty,
including when it comes to one's property? As a matter of fact, current
law, in effect for years, has let law enforcement agencies routinely take
ownership of the property of those merely suspected of criminal acts,
typically drug dealing.

And if the suspects are acquitted - or charges never even pressed - they
nonetheless haven't always been able to get back their property because it
was seized through separate civil actions, where the state has faced a
lighter burden of proof in making its case.

The property has ranged from cash to cars to real estate, and it has been
used to defray a wide range of expenditures by law enforcement. Too wide a
range, the bill's sponsors argued. So the measure approved last week by
Owens also stops the agency that seizes the property from keeping it. Now,
proceeds will go to the likes of crime victims and substance-abuse programs.

Law enforcement is a central, essential service of government, and Owens
certainly recognizes that, but not at the expense of individual rights.
Said the guv, "Government should not seize private property without a
conviction." Amen.