cannabisnews.com: Senate OKs Bill Limiting Seizures 





Senate OKs Bill Limiting Seizures 
Posted by FoM on March 27, 2000 at 23:37:23 PT
By Jim Abrams, Associated Press Writer
Source: Washington Post
The Senate passed legislation Monday that puts new curbs on the federal government's ability to seize private property suspected of being linked to crime. The voice vote in the Senate sends the asset forfeiture bill to the House where it has the backing of House Judiciary Committee Chairman Henry Hyde, R-Ill. 
The aim of the legislation is to alter a crime-fighting practice that has resulted in the seizure of hundreds of millions of dollars in property, mainly from suspected drug traffickers, but has also led to cases where innocent people are deprived of their homes, cars and boats. The bill, said Sen. Jeff Sessions, R-Ala., will "protect the legitimate constitutional rights of American citizens while at the same time protecting this tremendous asset to law enforcement." The legislation would shift the burden of proof in asset forfeiture cases from the property owner, where it now lies, to the government. A House version of the bill that passed last June by 375-48 stated that the government must have "clear and convincing evidence" that property is being used in an illegal act. But the administration said that set too high a bar for federal prosecutors, and some senators agreed. House and Senate lawmakers met last week with Attorney General Janet Reno to work out a compromise that now states the government must make its case "by a preponderance of the evidence." The bill also enables a judge to release property to the owner if continued government possession poses a substantial hardship, extends the time a property owner has to challenge a seizure in court and ends the requirement that a person seeking to recover property post a bond with the court. Sen. Patrick Leahy of Vermont, ranking Democrat on the Senate Judiciary Committee, said asset forfeiture has been a "particularly potent weapon in the war on drugs." But abuses have occurred, he said, when "prosecutorial zeal skirts the boundaries of due process, leading to the taking of private property regardless of whether the owner is innocent of, or even cognizant of, the property's use in an illegal act." The bill is supported by a broad range of groups, including the U.S. Chamber of Commerce, the American Civil Liberties Union, the RNA, and the American Bar Association. The bill number is H.R. 1658. By Jim AbramsAssociated Press WriterMonday, March 27, 2000; 7:19 p.m. ESTŠ Copyright 2000 The Associated Press Related Articles & Web Sites:Forfeiture Endangers American Rights:http://www.fear.org/ Seizure Law Abuse Must Endhttp://www.cannabisnews.com/news/thread5181.shtmlSeizure Law Abuse Must End http://www.cannabisnews.com/news/thread2832.shtmlAsset Seizure Runs into Objections http://www.cannabisnews.com/news/thread2609.shtml Hyde's Civil Asset Forfeiture Reform Act Passeshttp://www.cannabisnews.com/news/thread1784.shtmlhttp://www.ussc.alltheweb.com/cgi-bin/search?type=all&query=cannabisnews+ACLUhttp://www.ussc.alltheweb.com/cgi-bin/search?type=all&query=cannabisnews+forfeiture 
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Comment #2 posted by Santor on March 28, 2000 at 06:41:41 PT
Bad Policies
"mainly from suspected..." So much for innocent until proven guilty. 80% of the seizures are from people who were never charged with a crime. By law and definition, that means stealing from the innocent.
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Comment #1 posted by dddd on March 28, 2000 at 03:44:57 PT
Adjustments
 It is indeed tragic,,,,,to see all the contortions a "reform" bill goes through,as it is passed through various,"committees". I predict that by the time they get done adjusting this "reform" bill,it will be minimal on the reform side,and piled high clauses,"riders";(a rider,is a page or two burried deep within the bill.) The main reason it takes so long to pass something like this,is basically the time it takes for our fine represenatives,to slip in their pork "riders",,and then they have to cut deals....After they get done,the media will cover it,and it will purposely be reported that it's going to be a very close vote. And on the evening news,it will be described as "a sweeping reform" of forfiture laws,when in actuality;it is a huge sort of trojan horse,packed with things that aren't mentioned or mentionable to the public. I was shocked to see that the absurd $1,7 billion or so,"aid" package to Columbia,also just happened to include 2.2 billion or so for Kosovo,,,a Billion or so more to help the military cover high fuel cost,(What a bunch of CRAP!),,,,and about a half a billion to help buy heating oil for cold people,,and to top it iff questionable millions to help some tornado victims. I think all bills are stacked withlittle goodies,that are totally unrelated to the title of the bill.I think many people are aware of this shady practice,but when they come home from work,and watch the evening news,all they hear about is this "Reform"bill,and they are led to believe they have regained some rights.The only problem is,that the lawmakers who allowed this to happen in the first place,,criminally tweaked the constitution they swore to uphold. The more one looks into the goings on of government;the more strange ,underhanded,and scandalous it becomes.....dddd
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