Subject: FEAR: Fwd: CA
From: "Leon Felkins"
Date: Tue, 04 Feb 2003 02:07:07 -0600
To: fear-list@mapinc.org, fear-talk@mapinc.org

[Thanks to Duboys for this one. We do not know the source of the article, however I believe we are talking Salem, OR here. There is a web page that tracks the effort of the "authorities" to overthrow the voter initiative -- http://www.ocjc.state.or.us/Forfeiture/. Also see http://www.afrd.org/news/news090742001.htm.

Leon]


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On 2/2/2003 at 2:55 AM Duboys.One@verizon.net <Duboys.One@verizon.net> wrote:

         Court mulls forfeiture law

         SALEM (AP) - Law enforcement authorities urged the state Court of
Appeals on
    Monday to overturn a voter passed law that bars police from seizing
and
selling
    property tied to illegal activity unless there is a criminal
conviction.

         The court heard arguments on an initiative measure approved
2-to-1 in
November
    2000 that has sharply reduced forfeitures of cash and goods that had
raised

    substantial money for police agencies.

         * Read - government licensed and uniformed badge-carrying
thieves.

         The constitutional change clamped new restrictions on civil
forfeitures, a process
    used to acquire assets linked to suspected drug dealing even if no one
ended up
    being convicted of a crime.

         Foes want the measure overturned on technical grounds. They
claim it
made
    multiple revisions that should, under the constitution's rules, have
been
voted on as
    separate amendments.

         Marion County Circuit Judge Pamela Abernethy disagreed,
upholding the
    measure in 2001on grounds that its provisions were closely related.

         The state Criminal Justice Commission says forfeitures reported
by law

    enforcement agencies dropped by 75 percent in 2001, after the measure
took
effect.


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