Oakland
Asset
Forfeiture
Law
Challenged
--
and,
Federal
Forfeiture
Update
4/10/98
The American Civil Liberties of Northern California sent a letter last week to the Oakland City Council, notifying them of a recent opinion issued by the Legislative Counsel of California which concluded that the City of Oakland's vehicle seizure and forfeiture ordinance "is void as contradictory to state law." At issue is an ordinance titled "Operation Beat Feet", which the Oakland Police Department has utilized to seize and sell automobiles allegedly used to solicit acts of prostitution or acquire illegal drugs -- even when there is no criminal conviction. State law prohibits forfeiture in such cases, except when following conviction and proof of guilt beyond a reasonable doubt. For more info on the Oakland issue, visit http://www.aclunc.org/pressrel/980331-seizure.html. On the national front, Forfeiture Endangers American Rights (FEAR) reports that HR 1965, a bill that would have further increased federal powers and weakened citizens' protections against property seizure, has been abandoned by its sponsor, Rep. Henry Hyde. Hyde's support for HR 1965, a bill drafted in close consultation with the Dept. of Justice, was considered by forfeiture reform advocates to be odd, given his formerly strong advocacy on behalf of reform, including authoring of a book, "Forfeiting Our Property Rights: Is Your Property Safe from Seizure?", published by the Cato Institute, endorsed in a press conference by the ACLU, and his sponsorship of HR 1835, a decent forfeiture reform bill supported by advocates. Hyde's apparently contradictory positions led to speculation (unconfirmed) that he may have been misled by staff members, or that the illness and death of his wife may have been a contributing factor in his misjudging DOJ's bill. Hyde is again supporting HR 1835, but forfeiture reform is still very much an uphill battle. For further information on forfeiture and how to get involved in reform efforts, visit FEAR's web site at http://www.fear.org. (Two important books on asset forfeiture are Henry Hyde's book, mentioned above, and A License to Steal: The Forfeiture of Property, by Leonard W. Levy, professor of law at the University of North Carolina. Both books can be purchased from amazon.com by following these links. DRCNet will earn 15% of your purchase price on Levy's book but not Hyde's. The Hyde book can also be purchased directly from the Cato Institute, http://www.cato.org.)
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