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- WHAT PRICE THIS WAR?
- Editorial / Aug. 14, 1991
-
- In its zealous prosecution of the "war on drugs," the government
- undeniably and intolerably has trampled the rights of countless innocent
- people.
-
- Using hundreds of wide-open federal and state seizure laws, police and
- prosecutors have taken homes, cash and other personal possessions of people
- whose only offense was being in the wrong place at the wrong time or fitting
- some officer's or informant's preconceived, and likely racist, notion of what
- a criminal looks like.
-
- In some localities, government seizures take on the trappings of a
- criminal enterprise, with prosecutors, police departments, judges and
- tipsters conspiring to grab someone's property and divvy it up, all without
- regard to due process of law.
-
- Those on the receiving end of such injustices are to be excused if they
- come to regard the government itself as a corrupt organization.
-
- The abuses are documented in a continuing series, "Presumed Guilty," by
- reporters Mary Pat Flaherty and Andrew Schneider of The Pittsburgh Press.
-
- The series examines the effect of a 1984 change in the federal
- racketeering law that allows police to seize the property of those even
- marginally involved with illegal drug activity. No conviction is required, only
- a showing of "probable cause." The idea was to deprive drug traders of their
- trinkets and baubles: the jewelry, cars, boats and real estate bought with
- illegal proceeds.
-
- The kicker was that the assets would revert to the law enforcement agency
- that seized them, with proceeds going to finance the fight against drugs. Some
- $2 billion has been generated for police departments, much of which no doubt
- has been put to good use.
-
- But there are instances - far too many of them - in which financial
- incentive and lack of safeguards have pushed the "good guys" over the line. In
- Hawaii, federal prosecutors combed through records of old cases looking for
- opportunities to seize property. They took the home of Joseph and Frances
- Lopes, a couple of modest means whose son had pleaded guilty four years earlier
- to growing marijuana in the backyard for his personal use. "The Lopeses should
- be happy we let them live there as long as we did," an arrogant G-man snorted.
-
- At some airports, counter clerks spy on customers, looking for those
- carrying large amounts of cash. They tip off the cops and collect a cut of the
- loot if there is a seizure.
-
- Police, using dubious "profile" criteria that disproportionately target
- minorities, stop people like Willie Jones, a landscaper from Nashville. Mr.
- Jones' "crime" was to be carrying cash on a trip to Houston to buy shrubbery.
- He was relieved of $9,600 by Drug Enforcement Administration agents.
-
- Like 80 percent of those whose property has been taken, Mr. Jones was not
- charged with a crime. He's still fighting the government to get his money back.
-
- The reporters' 10-month investigation revealed more than 400 cases from
- Maine to Hawaii in which the rights of innocent people were steamrollered.
- Their findings should send a chill up the backs of all citizens - most
- particularly those in the law enforcement community who must act to salvage the
- credibility and legitimacy of the war on drugs.
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