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CLEAR Temp: 63 °F Wind: CLM at 0 mph Thursday, July 17, 2003 SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA HomeLife Magazine W3 Magazine Jobs @ Mail Tribune Tempo A & E Oregon CarZone Wellness Connection Real Estate Newspaper in Education Prime Times Outdoor Journal Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything E SOUTHERN OREGON Automotive Communities Entertainment Publications Recreation Calendar ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Contact Us Media Kit Email Story to a Friend July 15, 2003 Winters: JACNET will tread lightly on seizures By SARAH LEMON Mail Tribune Jackson County narcotics officers won’t seize citizens’ property in drug busts unless and until they have been convicted, said Sheriff Mike Winters. Police may have more leeway to seize and sell property tied to drug trafficking under a recent Oregon Court of Appeals decision. The court last week overturned a voter-passed law that limited forfeiture proceedings prior to a conviction. The decision has no immediate impact, and the state will appeal to the state Supreme Court within a month, said Kevin Neely, spokesman for Attorney General Hardy Myers. However, if the court’s decision was upheld, Jackson County officers still would stall the forfeiture process until a case was argued in court, Winters said. Advertisement The sheriff said he would rather use taxpayers’ money to fund drug investigations rather than selling property seized before a suspect was convicted. "We’re going to be very careful about people’s civil rights, especially when it comes to land asset forfeiture," Winters said. "I would never want police officers going out there by guess and by golly seizing property." Winters admitted that his stance could hurt the sheriff’s department financially, but said he believes that some of the nation’s police agencies have abused the forfeiture process, leading to citizens’ efforts to change Oregon’s law. Forfeiture money could help alleviate a nearly 20 percent cut in federal funds dedicated to the county’s narcotics task force, said sheriff’s Lt. Dewey Patten, commander of the Jackson County Narcotics Enforcement Team. JACNET has historically based a portion of their operating budget on forfeitures but scaled back after voters changed the law. The agency established a threshold figure of $2,000 in property or cash value before pursuing a forfeiture because the voter-passed law only allowed police to keep 40 percent of the amount seized, Patten said. If the Appeals Court’s decision is upheld, police could again profit from pursuing smaller forfeitures tied to street-level drug sales, he said. Last year, JACNET accumulated more than $20,000 in forfeitures, about 6 percent of their operating budget, Patten said. The agency is expecting another $40,000 if the Appeals Court decision is upheld, he said. That money has been tied up in disputed cases. Forfeitures also forestalled the payment of additional fees this year to JACNET by the county’s member agencies. Those payments — used to offset costs not covered by other sources — averaged $33,000 over the previous six years when the budget fell short, JACNET officials said. JACNET still receives federal forfeitures, which are not affected by state law. However, police agree that it’s risky to base budgets on forfeitures, which are largely unpredictable from year to year. Reach reporter Sarah Lemon at 776-4487, or e-mail [email protected] Printer Friendly Version Email Story to a Friend Subscribe Archive: Click to Search Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2003 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback A D V E R T I S E R S SPECIAL SECTIONS Rogue Valley Auto Finder Rogue Valley Job Finder --> Rogue Valley Home Finder Joy Magazine Homelife Magazine Tempo Real Estate Showcase Food for Thought Hike of the Week Wellness Connection Outdoor Journal Moving to Southern Oregon? Volunteer Openings Prime Times