FORFEITURE LAWS PUSH THE LIMITS OF OUR DEMOCRACY

There is a basic principle in the American justice system, without which a
nation cannot claim itself a true democracy. It should never, for any
reason, be tampered with. One is innocent until proven guilty.

Forfeiture laws put this tenet to the test. The intent of forfeiture laws
is to provide authorities leverage to fight drug traffickers by seizing
their proceeds. Nonetheless, under Colorado forfeiture laws, police have
the power to confiscate cash or personal property from citizens who have
not even been charged with a crime. A person may be arrested but not
convicted, but authorities are allowed to keep any confiscated cash or
property.

Though law-abiding citizens would unanimously support the premise that they
want police to have the power and tools to enforce laws, forfeiture laws
are an invitation to abuse of power. Some Colorado law-enforcement agencies
allegedly have used forfeited cash to pay for Christmas parties and pizza,
and used confiscated cars for undercover work. True or not, the potential
for abuse exists.

Two Colorado legislators are forming what has been termed an unlikely
alliance to change Colorado forfeiture laws. Democratic Sen. Bill Thiebault
joined forces with Republican Rep. Shawn Mitchell to introduce House Bill
1404, to limit police powers. The bill proposes that law-enforcement
officials would report what they are confiscating, and what they are doing
with it. It would shift the burden of proof onto authorities, requiring
"clear and convincing evidence" rather than the current "preponderance of
evidence." It would require a criminal conviction in most cases.

Some police agencies are upset over the proposed law, claiming the law is
not abused, and in fairness, most police agencies would not misuse
confiscated property. As Thornton Police Chief Jim Nursey said, "It helps
put people out of business who are a blight to our community." Some
agencies, in fact, use the proceeds for drug task force training.

Larimer County Sheriff Jim Alderden said it is "only fair" that criminals
be deprived of their ill-gotten gains, and few would argue with that
statement. It is also "only fair" that citizens not lose their property or
serve hard time behind bars until courts determine they are guilty. Our
law-enforcement agencies deserve support and every legal tool necessary to
fight the war on drugs, but American justice is also on trial here. Genuine
due process is still the name of the game - it's what separates democracies
from dictatorships.