If Ballot Measure 3 passes, the notion that people are innocent until proven guilty would be extended to property.
Current Oregon law allows police to seize the property of suspects before they are arrested or convicted. Ballot Measure 3 would change this, amending the Oregon Constitution to prohibit the forfeiture of property unless the owner is first convicted of a crime involving the seized property.
Supporters say this measure would protect citizens” property from undue seizure, but opponents say it will lock Oregon law into a complex situation and make law enforcement less efficient.
“They’re punishing people where they can’t convict them,” said Ray Heslep, chief petitioner of the measure. “It may be legal, but it isn’t right.”
If passed, Measure 3 would require government to prove through clear and convincing evidence that seized property was used to commit, or was the profit of, a crime for which a person is convicted. If the person whose property was seized is not convicted of a crime or charged, the property must be returned, unless it was abandoned or was contraband.
“Police believe that the Oregon state law is a good law and that it helps reduce recidivism,” said Jan Powers, Eugene Police Department spokeswoman. “In over 20 years working here, I have only seen one case where I wanted to know more about it before the seizure of the property.”
Forfeiture in Oregon law is commonly used to take cars away from people who repeatedly drive while drunk. This year, DUII deaths are at an all-time low, according to the State Attorney General’s office.
A statement provided by Mothers Against Drunk Driving (MADD), which opposes the measure, says forfeiture in the State of Oregon has helped prevent unnecessary deaths and injuries caused by repeat DUII offenders.
In 1999, 1,069 Oregonians lost property to asset forfeiture, and 72 percent of those people weren’t convicted or charged. No one got their property back after charges were dropped, according to Amy Klare of the Oregonians for Property Protection.
Currently, money gained from forfeitures of property goes toward attorney and investigation fees, as well as to law enforcement, where it is used to purchase weapons or pay for officer overtime or fund capital improvements.
Under Measure 3, forfeiture proceeds will be used for drug education and treatment.
“We are trying to take out the incentive to abuse this law and reform a system that is out of check and off kilter,” said state Rep. Floyd Prozanski, D-Eugene.