SEIZURE FEVER

THE ISSUE Police consider seizing property where drug complaints investigated.

WE SUGGEST Officials need to be careful not to infringe upon personal
rights while attempting to protect the public.

With illegal drug use and abuse showing no signs of slowing down, law
enforcement officers are trying new ways to keep up. However, in an attempt
to catch the criminals, officials need to be careful not to run over
people's rights.

On March 7, Sheffield police reportedly found about an ounce of cocaine -
in both powder and rock, or crack, form - in an apartment in the 500 block
of Ninth Street. About two months earlier, a warrant was served in a
different apartment at the same complex.

"It's continuing to be a problem, " Sheffield Police Chief Doug Aycock said
in an understatement.

The owner of the complex was previously warned to clean up his tenants'
acts, according to police. Since that didn't have the desired effect,
officials were considering using a state law to seize the property.

While that could prove to be a short-term solution to the problem at that
apartment complex, it's doubtful that would do much to stem the flow of
drugs into the community.

This was just the latest attempt by the city in the war on drugs. Sheffield
police have already used a drug nuisance abatement law to pressure property
owners to avoid renting to drug dealers.

That may seem somewhat comical on the surface - after all, what are
landlords supposed to do, include a line on their application form asking
whether the potential tenant "uses, sells and/or condones the use and sale
of illegally made and/or obtained pharmaceuticals?" Still, one family was
forced to move because of multiple drug problems at their house, although
one can't help but wonder whether the problems just moved with them.

Aycock said there are two or three buildings where police may apply the
seizure law, but several things should be reconsidered before any action is
taken.

The most important question is: Have any of the landlords actually been
charged with a crime? Failing to notify law enforcement of known criminal
activity is against the law, but if that can't be proved, how could the
courts justify taking someone's property away from them?

The seizure law is one of many across the country that tiptoes down a
slippery and steep constitutional slope. We would hate for our rights to be
trampled in haste to win a war that will likely be fought forever.

At the same time, if people continue to look the other way when they know
something illegal is occurring, they shouldn't be surprised if the next
person they see in the back seat of a squad car is themselves.

We all have to work together against a scourge like crack, which hurts the
users, their families and all of society.