cannabisnews.com: Asset Forfeiture Abuse 










  Asset Forfeiture Abuse 

Posted by CN Staff on September 18, 2005 at 06:58:19 PT
Editorial 
Source: Las Vegas Review-Journal 

Nevada -- Southern Nevada has a new general in the drug war: Boulder City Attorney David Olsen. And Mr. Olsen isn't concerned about sacrificing freedom to wage his campaign.Mr. Olsen is attempting to use the state's civil forfeiture laws to seize the home of Cynthia Warren, a Boulder City resident who pleaded no contest to a misdemeanor drug charge for possessing six marijuana plants. Although Ms. Warren has not been convicted of selling illegal drugs, Mr. Olsen is convinced she's a six-figure drug dealer with a home-based operation that threatens his community.
So why isn't Mr. Olsen making sure this 55-year-old woman is locked up with pushers from the Rollin' 60s and the Kingsmen? Why didn't the city orchestrate a sting to ensnare this dealer during a big sale? Because the evidence wasn't there. Although Ms. Warren initially was charged with felonies of manufacturing and conspiring to sell a controlled substance, the district attorney's office offered her reduced charges in a plea agreement.No matter. Mr. Olsen wants her house. "I'm not concerned about the criminal charges against her," he said. "This doesn't have anything to do with her criminal case." Some civil forfeiture laws limit government confiscations to property purchased with criminal proceeds. But Nevada law allows authorities to also seize property merely used in the commission of a suspected crime.And, under Nevada law, Mr. Olsen said the city can keep up to $100,000 from the forfeiture for narcotics enforcement, with the balance going to the state. Ms. Warren's attorney, John Lusk, believes she has more than $300,000 worth of equity in her home.Unlike criminal proceedings, which place a high burden of proof on the prosecution and presume defendants are innocent until proven guilty, civil forfeiture cases force defendants to prove their property is innocent if they wish to get it back."It's a terrible law," said Allen Lichtenstein, an attorney for the American Civil Liberties Union of Nevada. "Here you have a situation where the government can seize property by alleging criminal activity, yet he (Mr. Olsen) says he's not concerned about the criminal charges? ... The place to prove these allegations is in a criminal case, where the defendant receives due process and reasonable doubt."Forfeiture laws have been abused in Nevada and elsewhere for years, allowing authorities to grab homes, cash, cars and other valuable property from innocent citizens who have never been found guilty of a criminal offense.In 1993, the U.S. Supreme Court held that civil forfeitures are no different from criminal fines, and financial penalties that are disproportionate to a crime violate the Eighth Amendment protection against excessive fines. The notion that Ms. Howard, guilty only of a misdemeanor pot possession charge, should lose her home and forfeit more than $300,000 is abominable.Mr. Olsen should drop the civil case. If he won't, District Judge Michael Cherry should shred it for him. Then lawmakers should reform state forfeiture laws to prevent such blatant abuses in the future.Note: Boulder City official goes overboard.Source: Las Vegas Review-Journal (NV) Published: Sunday, September 18, 2005Copyright: 2005 Las Vegas Review-JournalContact: letters lvrj.comWebsite: http://www.lvrj.com/Related Articles & Web Sites:ACLUhttp://www.aclu.org/FEARhttp://www.fear.org/Misdemeanor Charge: Pot May Cost Homeownerhttp://cannabisnews.com/news/thread21114.shtmlProsecutors Seek To Uphold Property Seizure Lawhttp://cannabisnews.com/news/thread18568.shtml

Home    Comment    Email    Register    Recent Comments    Help





Comment #35 posted by Max Flowers on September 21, 2005 at 08:56:38 PT
westnyc
Don't panic. I don't know how stuck on staying in NYC you may be, but if you were able to relocate to CA, and you really, really love cannabis, there is something... something so many people do (including several good friends of mine) and are pretty comfortable. Something that is 20 times riskier where you are, but amazingly do-able out here. If you want more info, give me a yell at kamandha (at) hushmail.com
[ Post Comment ]


Comment #34 posted by FoM on September 20, 2005 at 20:05:10 PT
westnyc
That made me laugh. I knew you were kidding. 
[ Post Comment ]


Comment #33 posted by westnyc on September 20, 2005 at 19:57:29 PT
Just kidding
I'm just kidding. Seriously, no matter how angry I am with the way things are right now in America; I certainly don't want anymore harm to anyone else, especially the working class and the poor.
[ Post Comment ]


Comment #32 posted by westnyc on September 20, 2005 at 19:54:44 PT
Off Topic
Rita in Washington DC would be considered an enema!
[ Post Comment ]


Comment #31 posted by FoM on September 20, 2005 at 18:48:15 PT
Mayan
I don't know if he will ever go to jail but one thing I know is history will not be kind to him. His legacy will haunt him until his last day.
[ Post Comment ]


Comment #30 posted by mayan on September 20, 2005 at 18:32:49 PT
FoM
I don't wish harm on anyone. I do wish to see him in prison where he belongs, however.
[ Post Comment ]


Comment #29 posted by FoM on September 20, 2005 at 18:09:13 PT
Mayan
Oh my Crawford, Texas. As much as I don't like Bush I don't wish anything on him or his land. I have always believed that it will turn around and bite me if I feel vengeful. I feel sorry for anyone in harms way. I really hope that mostly republicans will understand what is causing the warm waters that fuel these killing machines.
[ Post Comment ]


Comment #28 posted by mayan on September 20, 2005 at 17:51:54 PT
FoM
Hurricane Rita might be headed for Crawford,Texas!http://www.nhc.noaa.gov/refresh/graphics_at3+shtml/205128.shtml?5dayBullies...Peace Activist Sheehan Hurt at Rally: 
http://news.yahoo.com/s/ap/20050920/ap_on_re_us/peace_mom_protest
[ Post Comment ]


Comment #27 posted by FoM on September 20, 2005 at 17:41:34 PT
Mayan
That war is so horrible and our boys should never have been put in harms way and it makes me very angry. We need them back home more then ever.
[ Post Comment ]


Comment #26 posted by mayan on September 20, 2005 at 17:25:25 PT
FoM
It seems that freedom of speech is dead in America. I'm afraid that coverage of the disastrous Iraq occupation is on the back-burner anyway because of the endless hurricanes. Our soldiers are still dying over there and we can't forget them. They should be back home helping our own folks in need but instead they are dying for oil so the rich can get richer. Shame,shame,shame!!!Five soldiers killed in separate bombings:
http://www.navytimes.com/story.php?f=1-292925-1113938.phpFour American security guards dead also.. Attack in Mosul Kills Americans
http://www.kristv.com/Global/story.asp?S=3871433&nav=BsmhGod bless Cindy Sheehan and George Galloway! They are really telling it like it is...Galloway's Frankness Invigorates, Shocks Americans: 
http://www.informationclearinghouse.info/article10345.htm
[ Post Comment ]


Comment #25 posted by FoM on September 20, 2005 at 11:37:53 PT
Off Topic
NYPD Unplugs Cindy SheehanCity’s Finest pulls move even Bush wouldn’t have triedBy Sarah FergusonSeptember 19th, 2005 Cindy Sheehan may be the Rosa Parks of the anti-war movement. But that didn't stop members of the New York Police Department from marching into the crowd of about 150 people gathered in Union Square Monday to hear her speak and yanking away the microphone. http://villagevoice.com/news/0538,fergusonshee,67983,2.html
[ Post Comment ]

 


Comment #24 posted by FoM on September 20, 2005 at 06:54:21 PT

BGreen
I know that I have never been so touched by a tragedy as I have been about the damage to people and their homes as I have been since the levee broke. I was just able to download the video from Farm-Aid of Neil's songs and he started out with WTNO and now he is playing Southern Man. I think many people's eyes have been opened by this tragedy. Actually last night I wondered if there are any animals that need a temporary home like a horse or two. I am really torn about the animals. If I lost my pets it would be so hard on me. As long as we care and do what we can we as Americans will show the world that we are good people and we aren't the government.
[ Post Comment ]


 


Comment #23 posted by BGreen on September 20, 2005 at 02:04:49 PT

You care and you give, FoM
What more is asked of us?I have been anguished that most of the suffering could have been avoided if people would have listened to my prophetic visions. I warned about a government that cared more about controlling us through fear than guiding us with leadership, a government that destroys the weak to shore up personal power, a government that demands absolute loyalty upon threat of imprisonment while lying to us and abandoning us when we truly need help.I've been absolutely floored by the benevolence of the average American. I've seen older white people giving LOVE to black people instead of the hatred of the past. Around here that's a true miracle. I've seen people get so fed up with the failure of the president THEY elected that they got in church vans and drove down to rescue families and brought them back here, setting them up in houses, apartments, resorts, motels, spare rooms ... any place to give these people a little dignity, and most of these places are being provided for free because they lost everything they have.My best friend and his wife have two teenagers, and though we were all taught to trust the police and the government, they're telling their kids that's no longer the case and they shouldn't be trusted or depended on for help.When college educated professionals are teaching this to their children, the power of the government to bully, blackmail, brainwash and control us is removed.That has been the major obstacle to our movement, and we will finally see the truth prevail.The Reverend Bud Green
[ Post Comment ]


 


Comment #22 posted by FoM on September 19, 2005 at 20:34:38 PT

BGreen
Thank you so much. We still are working on our house and what has been accomplished this summer makes us feel good. I feel guilty though. I feel bad for people who have had their homes and lives destroyed by the storm. I appreciate that we are safe and sound but what will we ever be able to do to help all the people who have been hurt? We gave money gladly but it isn't enough. 
[ Post Comment ]


 


Comment #21 posted by BGreen on September 19, 2005 at 20:29:40 PT

I think you could use a hug, FoM
*Insert one big bear hug*The Reverend Bud Green
[ Post Comment ]


 


Comment #20 posted by FoM on September 19, 2005 at 20:17:48 PT

Just a Comment
Maybe I shouldn't be paying such close attention to the devastation in the south but it really bothers me. I know that Katrina has shown us our inability to keep people safe and yet we are suppose to believe in case of a major terrorist attack we'll be ok. Now we have another storm named Rita forming. What surprises me is that it doesn't surprise me. I sometimes feel like I am watching an ongoing horror movie but I can't say to myself don't worry it's only a movie. I don't know how we will recover from this disaster. Maybe we will but it will take years. I believe that what has happened with Katrina is worse as far as damage to individual lives then 9-11. How will we be able to afford a war in Iraq and rebuilding the south that has been hurt so bad? Will we have an economic crash? How much money can we print to cover the losses without serious problems for future generations? Thanks for reading my rant.
[ Post Comment ]


 


Comment #19 posted by ekim on September 19, 2005 at 19:09:36 PT

hey west you can do anything you want
keep informing others [please] you have a heart and it shows --- be a waiter - hopfully down near broad way -- get your thoughts together and write a play and get it played.
to weed or not to weed that is the question:)
http://www.leap.cc/events
[ Post Comment ]


 


Comment #18 posted by PainWithNoInsurance on September 19, 2005 at 18:53:39 PT

Westnyc
I know how you feel. I am so frustrated at the things going on in this country.  I never could understand the law on prostitution either; I mean seizing a person's $30,000 truck for a victomless crime is far more of a crime than prostitution. After all, it is the worlds oldest profession and bullying people will never end it. I like how the Netherlands regulates prostitution. Let's face it, prostitution will NEVER go away and having the law playing war games against people for something like this is insane. It also makes things worse by the spreading of various diseases. 
[ Post Comment ]


 


Comment #17 posted by westnyc on September 19, 2005 at 15:41:15 PT

I'm not an extremist
I feel like someday I'm going to be killed in a demonstration for being perceived as some sort of dangerous revolutionary extremist. The truth is, I just can't tolerate the injustice anymore.
[ Post Comment ]


 


Comment #16 posted by westnyc on September 19, 2005 at 15:36:22 PT

painwithnoinsurance
I believe it. It's all about the money. There was also an episode where the Detroit Police used a "hot" looking female police officer to solicit men for prostitution. Something about it being in front of a church. You could see that some of the men actually declined the initial offer and thus the female cop lowered her price until they changed their minds. Once they drove around the side of the church, a group of about ten cops ran at the car with assault rifles pointed - and, thus began to humiliate and shame the entrapped individual. My point is.....the first thing they told this person after their rights were read, was that their $30,000 truck was now the property of the Detroit Police Department.It's so incredibly shameful! Right now I am in panic mode. Really! I am going to lose my job for no other reason than it is cheaper to employ someone else from some foreign country; and, there is nothing I can do about it. I"m so scared right now about what I'm going to do to survive. I actually feel guilty because I have pride and can't stand the thought of becoming a waiter. I'm thinking about the possibility of relocating to another country where they have a consitution and the people still decide the law. I love my country; but, I am so ashamed of my government. Shame on you Dems and Repubs - you have turned our country into a cesspool of corruption and disgrace. I loathe everyone of you lip-service traitors destroying everything I grew-up believing in. How dare you steal our constitution for you and your cronies own personal agenda? I saw Lindsey Graham on Fox the other day, and forgive me, but this man starts crying for the children after two-minutes regardless of the subject. I, sooooooooo, would not trust this man with my children!!!! Another politician, who loves the fetus; and, protects the children from the drug dealers - while letting the same innocent children starve to death.I am even more angry with these politcos. In my life I have tried to live an honest life without hate; but, I see them on TV and I listen, and I see, and I am filled with rage
[ Post Comment ]


 


Comment #15 posted by PainWithNoInsurance on September 19, 2005 at 13:37:23 PT

Cops
I saw an eposode of Cops in Forida where undercover officers were selling marijuana to people stopping by in cars. When they sold them the weed they arrested them and seized their cars (state law). Seize a car for a joint, wow.
[ Post Comment ]


 


Comment #14 posted by FoM on September 19, 2005 at 13:05:56 PT

Cops and related crap
Dankhank I don't watch shows like that. I much prefer something that helps me to learn how to change a situation or something fun like WEEDS! Tonights The Night! Yippie! 
[ Post Comment ]


 


Comment #13 posted by Dankhank on September 19, 2005 at 12:32:14 PT

Cops and related crap
for nigh on ten years I have been unable to view such gems as "Cops," "Friends" or any network television product.Now with Dish I have access to local channels and I 
STILL don't watch them. Truth, I have tried to watch the local FOX twice the last two Sundays at 9 PM to catch the Stargate SG1 seventh-season-enders about Anubis and the Antarctic. I somehow missed them ... it's in the ninth seasn, now I think. I was amazed at the serendipity of the arrival on FOX that which I have struggled to see from space-based antennae for quite some time. BOTH of them were replaced with a Dallas Cowboys post-game show.FIE on the networks ...I am truly weaned from the networks ...
[ Post Comment ]


 


Comment #12 posted by Max Flowers on September 19, 2005 at 09:25:57 PT

westnyc
Man I know just what you mean about "Cops"... knowing the camera is on them somehow makes them behave even more outrageously than they would otherwise. It's sick. Sometimes they pull the "stern disciplinarian" crap, sometimes (usually) it's the cruel, derisive crap, and sometimes they try to act all detached and cool (right after they have just applied excessive force). 
[ Post Comment ]


 


Comment #11 posted by westnyc on September 19, 2005 at 08:04:12 PT

It works Fom - Thanx!
Charmed Quark - I "totally" agree with you on Donald Scott. This should have been in a more questionable category than Waco and Ruby Ridge. This was an issue of our government - with an advance plan - to find some way to take this man's Malibu property for their own pre-planned use. I think of the outrageous Supreme Court Emminent Domain law recently passed. Wasn't this one of the main reasons we had a revolution against the Crown of England?Perhaps, Sean Hannity or Bill O'Reilly did a story on this and I just happened to miss it!This is why I can't watch shows like Cops! The last time I watched cops, I saw a young white cop take a billyclub and pry open an old black man's mouth and remove a small bit of cannabis. As he did this he screamed "Don't you bite me, don't you bite me." He then made this man admit to his errors and beg for forgiveness, as if this young cop was some type of Father figure diciplining a confused teenager. At the end the police chief thanked his officers for this sting operation and for helping to get a bunch of "bad guys" off the street. I was left wondering - "Who's the 'real' bad guys?"Like they say: "Apathy is the greatest enemy to mankind."
[ Post Comment ]


 


Comment #10 posted by global_warming on September 18, 2005 at 13:46:41 PT

The problem with Cannabis
Is not so much about its therapeutic properties, it is more about keeping the good citizens of these United States in some kind of dumbed down state of obedience.That first whiff of that smoke, might remind some Joe Blow 6pack, of thier indenture, it might even allow good old Joe to catch a peek at the main stream industrial complex, that is also known as "big business" that next "commercial" you watch on that big screen, if you notice, is selling something to you Joe, ringle jingle, much like some coforting lullaby that has been crafted in those darkest places also know as "Hell".Yes, you have to get up in the morning, and rush to your job, to earn and earn the needed capital so that you can feel good about your protestent work ethic or by some divine edict you are entitled to some special privelage.This women who is losing her house for a 6pack of plants, may be some fool, some non-descript person, who is far from our immediate problem, yet this picture of this women, may serve to illuminate to other non-descript Joe Blow 6Packs, how we must bow down to that God called Mammen, that God of Money, that God, who has signed allegiance with the darkest aspects of this Heavenly Journey, that stream that we take breath, is a breath that includes every living member of this Lighted Reality,.We are all in this together, and "we" can make that difference, we can shape the new dawn, that next day, whether on that road trip to earn those tokens to offer to Mammen, or tokens before this women who is losing her house, peeking how we all do business, is an ugly experience, once glimpsed, it is a narcotic, that draws you ever closer to that promise that belongs to that First God, that God who made this universe.That next voice you hear may be some "commercial" selling you the fountain of youth, only for you, because you are very special,..gw
[ Post Comment ]


 


Comment #9 posted by charmed quark on September 18, 2005 at 10:40:40 PT

The Donald Scott murder
Of course, the Federal forfeiture laws are just as bad as Nevada's. No proof af criminal activity needed, only reasonable suspicion that criminal activity is taking place and the entire property can be seized, even if it was not acquired with illicit money. And when states try to rein in forfeiture abuse, the police often team up with the Feds and let the seizure be done under Federal law.The poster child of this was the murder of Donald Scott by a joint State/Federal raid. It has been alleged that they decided to try to use forfeiture laws to get his ranch after he refused to sell it for National Park use. http://www.villagevoice.com/news/9338,cotts,11865,1.html
[ Post Comment ]


 


Comment #8 posted by PainWithNoInsurance on September 18, 2005 at 10:39:42 PT

What's Next?
This kind of thing is expanding rapidly in this country. The states have become so poor that they MUST start doing things like take people's possessions away from them so they can fund their governments. The expanded cheating and lying at the expense of the people go with the desperate measures.This country's economy can only take so much from people in high places stealing and cheating from the less fortunate. From the government's friends like Halliburton and other companies getting government contracts to every CEO taking more money in one year than 20 people make in a life time, not to mention all the lying they do about company finances. How these people have gotten away with this for so long is beyond me. Being qualified for something in this country has been replaced by the "who you know" qualification as is the case with some of the FEMA workers. Everyone knows by now how well that works and how much it cost every citizen.News organizations need to scrutinize every thing this government and company officials do, report it, and show the citizens of this country just what they are doing.
[ Post Comment ]


 


Comment #7 posted by FoM on September 18, 2005 at 09:15:30 PT

Related Editorial from The Las Vegas Sun
Editorial: Drop The Lawsuit Las Vegas Sun - Weekend EditionSept. 17-18, 2005Nevada -- A Boulder City woman was arrested in April after a search of her home turned up six marijuana plants, about 5 ounces of marijuana and various drug paraphernalia. In July she pleaded guilty in District Court to a misdemeanor possession charge. She was fined $500 and ordered to complete drug and alcohol counseling. A routine case -- if only that were the extent of it.Boulder City officials, however, decided to make an example out of this woman who they believe was selling the drug out of her home. About a week after the arrest of Cyntha Warren, 56, long before her guilt had been established in criminal court, the city filed a civil suit in District Court seeking to confiscate her $400,000 home. The state's forfeiture law allows a person's home to be seized if the person was using it as a base for drug sales. Acting on information from Boulder City, the district attorney's original criminal charges against Warren included possession with the intent to sell. But she pleaded guilty only to possession.The civil suit is another matter, however. In it, the city contends Warren's home was a base for sales. We're against the use or sale of any illegal drug, but we do believe the city is seeking an extreme penalty. Because of the drug-overdose deaths of two teenagers in 2003 and 2004, the city is trying to send a message of zero tolerance by making an example of Warren. But this would be an injustice, as no one is accusing Warren of involvement in the deaths. The city should drop its lawsuit. The punishment should fit the crime. Copyright: 2005 Las Vegas Sun, Inc.http://www.lasvegassun.com/sunbin/stories/sun/2005/sep/17/519371581.html
[ Post Comment ]


 


Comment #6 posted by Max Flowers on September 18, 2005 at 09:10:52 PT

Unbelieveable
It's abuse alright. You can club somebody senseless with a baseball bat, or stab them with a knife, and the "authorities" won't seize your house. Grow six pot plants though, and they will seize your house. What is THAT all about? It's completely turned around from how it should be. In my opinion, the more violent one's crime is toward others, the more they could be seen as justified in seizing his possessions; that would make sense to me justice-wise, because if one is trying to take something away from someone with violence (their bodily health for instance), then that person deserves to have things taken away from them. But to take someone's house away for doing something private that does not hurt anyone else, is totally wrong and corrupt, and I can't even believe that they find a way to justify that with a straight face, and that so many other citizens just stand by and let that happen!What's next---seizing people's houses because they were caught swearing or looking at a magazine deemed "unlcean"??
[ Post Comment ]


 


Comment #5 posted by FoM on September 18, 2005 at 09:02:19 PT

westnyc
Thank You. Maybe I can help you.Slide you mouse over the url you want to copy. Right click and press COPY.Then bring the url to where you want to post it like here in a comment.Then right click your mouse again and press PASTE.That's all there is to it. I hope this helps.You can also copy from the address bar if you want.http://cannabisnews.com/news/thread21114.shtml
[ Post Comment ]


 


Comment #4 posted by westnyc on September 18, 2005 at 08:49:37 PT

Yes, FOM - That was it!
I get confused on the internet. I don't even know how to hyperlink (I think that is what they call it). In fact, if I have a question about my computer; I ask my ten-year old niece. ;-)
[ Post Comment ]


 


Comment #3 posted by westnyc on September 18, 2005 at 08:46:35 PT

FOM 
MISDEMEANOR CHARGE - POT MAY COST HOMEOWNER 
by Glenn Puit, Review-Journal, (Source:Las Vegas Review-Journal)
15 Sep 2005Nevada
-------
Boulder City Takes Steps to Seize House After Woman Admits Possessing Six Marijuana Plants A Boulder City woman who pleaded no contest to possession of six marijuana plants could lose her house over the case. Officials in the small town, which prides itself on being the only community in the state that doesn't allow gambling, said their move to seize Cynthia Warren's home is intended to send a message that drugs won't be tolerated in Boulder City. "In the drug world, this thing is probably nothing," said City Attorney Dave Olsen. "But in a town of 15,000 people where we have one or two children die every year because of controlled substances, it is a big deal to us." Olsen, who pleaded no contest to a misdemeanor drunken driving charge in 2004, further defended the attempt to take Warren's residence using drug seizure laws, saying police suspected the home was being used for drug dealing. However, the American Civil Liberties Union of Nevada said the attempted seizure is disturbing. "The police ... get to eat what they kill," said Allen Lichtenstein, an ACLU attorney. "They have an incentive to fund themselves through these seizures, and it can be very disproportionate ( to the crime ). A misdemeanor, yet a fine that takes away the entire property?" Warren wouldn't comment, but her attorney, John Lusk, said, "I think in this particular case, whatever the allegations are, they ( Boulder City authorities ) have overstepped their discretion." According to Olsen and court records, police served a search warrant at Warren's home in the 700 block of Capri Drive in April amid suspicions marijuana was being manufactured and sold. According to a search warrant signed by Boulder City Justice of the Peace Victor Miller, police expected to find marijuana plants, methamphetamine, prescriptions for dangerous drugs, paraphernalia, items used for growing and harvesting marijuana, items associated with the sale of drugs, and records of narcotics transactions. "They found all of that," Olsen said. Olsen acknowledged that methamphetamine found in the residence actually was methamphetamine residue, however, and that it was believed to belong to a roommate of Warren. Warren was not charged with possession of methamphetamine. She was charged in Justice Court with two felonies, including manufacturing a controlled substance, and conspiracy to sell and possession of a controlled substance. In a plea agreement, Warren entered a no contest plea to a misdemeanor charge of possession of a controlled substance not to be introduced into interstate commerce, a misdemeanor. A no contest plea does not require an admission of guilt, but acknowledges that the case would likely be proven at trial. The courts treat a no contest plea as a guilty plea. Lusk described his client as a 55-year-old woman who has been on Social Security disability since 1990. After the plea was entered, Olsen filed a civil action in District Court seeking a judge's permission to seize Warren's home. The 2,000-square-foot house has an assessed taxable value of more than $288,000, according to Clark County records. Lusk said he believes Warren has more than $300,000 in equity in the home. The house sticks out among the row of well-kept homes lining the winding Boulder City street. Weeds poked through rocks in the front yard, the stucco was peeling, and a wooden board covered the front window, which was broken when police raided the home. According to court records, an entity known as the Georgia R. Haynes living trust also has a claim to the property. The trust, represented by local attorney Richard Wright, stated in court filings that it sold the Capri property to Warren in 1997. An agreement was executed in which $82,500 was loaned to Warren via a note secured by a deed of trust for the property. Wright did not return a telephone call seeking comment for this story. Olsen said the seizure of property in a case like Warren's is warranted, given the evidence. "Personally, I think it is something that should only be done in those cases where there is clear and convincing evidence the ( drugs in the ) house is being used for something more than personal use," Olsen said. A Boulder City police lieutenant did not return a telephone call seeking comment for this story. Warren's case is not the first time an attempt to seize property in a drug case has come under scrutiny in Boulder City. In February 2000, the Review-Journal reported on attempts by Boulder City officials to confiscate a house belonging to Ila Clements-Davey. The house, on Avenue L, was the subject of a seizure attempt after Clements-Davey's son was arrested on drug charges at the residence. Clements-Davey owned the house but didn't live there at the time of the arrest. A District Court judge rejected the city's bid to take the home. Lusk said the city was also ordered to pay Clements-Davey's attorney fees in that case, which predates Olsen's hiring. Veteran Las Vegas attorney Charles Kelly, a former federal prosecutor, said generally speaking state and federal law allows law enforcement agencies to confiscate property or money deemed "proceeds, product or instrumentality of a crime." He said the practice is becoming more common. "It's just another tool law enforcement attempts to use to fight crime," Kelly said. "There's the old saying, 'Follow the money.' It should really be, 'Seize the money.' What you seize, you get. "If ( a criminal suspect ) makes a million in drug money and plows it into a legitimate business, you can trace the proceeds through there; and once illegal proceeds are commingled with legal proceeds, it contaminates everything," Kelly said. In a 2000 investigation, the Kansas City Star newspaper uncovered multiple abuses of seizure laws nationwide. Specifically, the newspaper found that state and local law enforcement in several states circumvented their own state laws regarding confiscation of property. They did so by taking their seizure cases through the federal system. In one case the Kansas City newspaper documented, a North Carolina State Highway Patrol trooper stopped a driver in 1999 for tailgating. A police dog signaled drugs were in the vehicle, and troopers recovered $105,700 and two grams of marijuana. The driver denied owning either the drugs or the money. The highway patrol gave the money to federal authorities, which returned more than $80,000 to the state patrol, even though North Carolina law generally requires sending seized money to education, according to the newspaper. District Judge Michael Cherry is scheduled to decide whether Warren's home can be given to the city. 

[ Post Comment ]


 


Comment #2 posted by FoM on September 18, 2005 at 08:24:02 PT

westnyc
Is this the longer article from NORML you mentioned? I looked and couldn't find one on their web site.http://cannabisnews.com/news/thread21114.shtml
[ Post Comment ]


 


Comment #1 posted by westnyc on September 18, 2005 at 08:16:55 PT

Perhaps Olsen is simply drunk!
Olsen, who pleaded no contest to a misdemeanor drunken driving charge in 2004, further defended the attempt to take Warren's residence using drug seizure laws, saying police suspected the home was being used for drug dealing. There is a longer article from NORML! 
[ Post Comment ]





  Post Comment