Our View: Restrictions on civil forfeitures are reasonable - Opinion - MailTribune.com - Medford, OR

Mail Tribune (Medford, OR — Wayback)

2015-07-23

Document text

0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation  |  Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED   » NEWS NOW   Surveillance video set to music gets leads and laughs       ...       Two injured in Sunny Valley shooting       ...       Kids learn life lessons in preparation for auction at Jackson County Fair       ...       Surveillance video set to music gets leads and laughs       ...       Two injured in Sunny Valley shooting       ...       Kids learn life lessons in preparation for auction at Jackson County Fair       ...           OUR VIEW Our View: Restrictions on civil forfeitures are reasonable Comment MailTribune.com Writer Posted Jan. 21, 2015 at 12:01 AM Posted Jan. 21, 2015 at 12:01 AM »  Social News It doesn't appear that local police agencies stand to lose a great deal of money after Attorney General Eric Holder's decision to end some civil forfeitures under federal auspices. Oregon state law still allows police to seize assets from those engaged in criminal activity, but there are more restrictions, and police get to keep less of the cash. That's not necessarily a bad thing. A concern among civil libertarians has been that police have a greater incentive to seize cash if their drug task forces depend on the money. That doesn't seem to be the case locally, at least not in recent years. Oregon voters more than a decade ago cracked down on forfeitures that happened without a criminal conviction, requiring a tougher burden of proof. And when property is forfeited under state rules, 40 percent of it must go to drug treatment, 7 percent to drug lab cleanups, 10 percent to the state general fund and 3 percent to an oversight committee, leaving less for police. As Sheriff Corey Falls explains, agencies don't budget for money they expect to seize because it isn't guaranteed. Any money that does come in winds up being spent for one-time equipment purchases and the like. The U.S. Department of Justice has long allowed local police agencies to benefit from federal forfeiture authority, especially when working jointly with federal agents. But Holder's order apparently doesn't affect all those so-called "equitable sharing" forfeitures, only a small proportion known as "adoption," under which local police ask a federal agency such as the DEA to assign a case to federal court so that federal forfeiture rules apply. Certainly, it's appropriate for criminals to have to surrender cash and property that can be shown to be the proceeds of criminal activity. It's less clear that police agencies should be able to take property without having to prove criminal responsibility. The constitutional requirement that individuals are innocent until proven guilty ought to be upheld. If local police want to continue pursuing forfeitures, they can do it under state rules that impose reasonable controls on the practice.   MailTribune.com Writer Posted Jan. 21, 2015 at 12:01 AM » Comment or view comments   Reader Reaction »  STAY INFORMED   Email NewsLetter   Sign Up Today   Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... Business Name address Location, ST | website.com Find Southern Oregon Attractions Bars Restaurants Beauty Salons Entertainment Doctors Medical Specialists Contractors Education Lawn Services Lawyers Shopping Travel Tanning Used Cars Wedding Services ▼ Add your business here + Events Calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Mobile Site Stay Informed   Email newsletter   Sign Up Today   Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Your privacy is important, read our privacy policy. © Copyright 2015 Local Media Group, Inc. All Rights Reserved.    Privacy Policy  |  Terms of Service  |  Local Media Group Publications Original content available for non-commercial use under a Creative Commons license, except where noted. MailTribune.com | P.O. Box 1108, Medford, OR 97501