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Forfeiture measure illegal, police say Lincoln County team sues, but Ashland proponent won�t let go PORTLAND � A Lincoln County regional narcotics team has filed the first lawsuit to target Measure 3. However, a retired Ashland school teacher who has become a prominent activist in opposition to civil forfeiture won�t give up the fight. "I�m not letting this go," Harry Detwiler said. "We need to have our freedoms back." The Lincoln County narcotics team and other plaintiffs claim the constitutional amendment�s civil forfeiture restrictions are unconstitutional. Passed by Oregon voters Nov. 7, the measure requires that a property owner be convicted of a crime before the government can permanently confiscate criminal property. The legal action comes as a legislative work group is meeting to draft a bill that would bring the state statute into compliance with the measure�s reforms. Meanwhile, Detwiler feels that law enforcement officials are the ones being unconstitutional with their "Gestapo-like" behavior. Before the passage of Measure 3, Oregon law enforcement agencies could seize and not return property from people based on a determination of "probable cause" of wrongdoing � even without a conviction. And that�s exactly what happened to Detwiler. In 1997, Detwiler allowed a tenant to install high-intensity lights on property he was renting. Federal agents later found 700 marijuana plants growing under the lights. After raid on the Jacksonville property, federal agents came to Detwiler�s own home in Ashland and seized $35,000 from his safe. Detwiler insists he knew nothing of the tenant�s pot-growing. Detwiler was never charged with a crime. Federal authorities kept his money anyway. "I�m one of many, many people," he said. "It�s scary. They can do anything they damn well please." Measure 3, which also requires law enforcement to use proceeds from confiscated property for drug treatment and education, is set to take effect Thursday. The lawsuit by Lincoln Interagency Narcotics Team and Lincoln County was filed Nov. 24 in Marion County Circuit Court by Rob Bovett, Lincoln County assistant counsel. The lawsuit attacks the measure on technical grounds, contending it contains more than one subject � a violation of state election law. It also argues that Measure 3 contains too many provisions, violating the requirement in the state constitution that two or more proposed constitutional amendments be voted on separately. The suit was filed against the state of Oregon, Secretary of State Bill Bradbury and Gov. John Kitzhaber. "We will fulfill our statutory obligation to defend the measure," said Kevin Neely, spokesman for the state attorney general�s office. Measure 3 proponents said the lawsuit would thwart the will of Oregon voters and will not prevail. "We don�t believe Measure 3 is more than one amendment. It only affects one portion of the state constitution," said David Fidanque, executive director of the American Civil Liberties Union of Oregon. "We think Measure 3 is going to be upheld against this challenge." Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2000 Mail Tribune, Inc.