From: [C reuters] at [clari.net] (Reuters) Newsgroups: clari.usa.top,clari.usa.gov,clari.usa Subject: High Court OKs Property Seizures in Drug Cases Organization: Copyright 1996 by Reuters Date: Mon, 24 Jun 1996 11:20:36 PDT WASHINGTON (Reuter) - The Supreme Court Monday reaffirmed the government's power to prosecute drug defendants on criminal charges while also seizing their property, rejecting claims this amounted to double jeopardy. By an 8-1 vote, the justices said two appeals courts had erred in barring simultaneous use of civil forfeitures and prosecutions on grounds such action violated a constitutional ban against punishing someone twice for the same crime. Chief Justice William Rehnquist wrote for the majority that forfeitures represent neither punishment nor criminal action and thus fall outside double jeopardy protections. ``Since the earliest years of this nation, Congress has authorized the government to seek parallel ... civil forfeiture actions and criminal prosecutions based on the same underlying events,'' Rehnquist said. The ruling was a major victory for the Justice Department, which in recent years has obtained hundreds of millions of dollars under forfeiture laws in the fight against drugs. It marked the second time this year the conservative-led Supreme Court has sided with the government in upholding broad seizure powers. In March, it ruled 5-to-4 in a Michigan case that local authorities could confiscate a couple's car after the man had had sex in it with a prostitute, even though his wife had no knowledge of his illegal activity. Civil forfeitures have an easier standard than criminal seizures, which require the government to prove beyond a reasonable doubt that the property had been used to commit the crime or bought with the proceeds. Critics have charged that the government's forfeiture measures have at times been abused and that civil seizures, plus criminal penalties amount to excessive punishment. But Rehnquist disagreed, saying civil forfeitures historically have not been regarded as punishment. He said the laws at issue may serve as a deterrence, but this could serve civil as well as criminal purposes. One case involved two Los Angeles men, James Wren and Charles Arlt, who were convicted of manufacturing methamphetamine and laundering money. Five days after their 1991 indictment, federal prosecutors brought a civil forfeiture case seeking more than $400,000 in cash, silver bars, an airplane, a boat and other property. The other case involved Guy Ursery, who was convicted in 1993 for growing marijuana just beyond the boundary of his Michigan farm. In his house, police found marijuana seeds, stems and stalks and a growlight. Before bringing criminal charges, prosecutors filed a civil complaint seeking forfeiture of his residence. But Ursery and his wife entered into a settlement and agreed to pay $13,250. The lone dissenter in Monday's court vote, Justice John Paul Stevens, objected to the efforts to seize Ursery's house. He expressed concern ``that the court's treatment of our cases has cut deeply into a guarantee (against double jeopardy) deemed fundamental by the Founders.'' In other criminal law rulings Monday, the court: --said a defendant prosecuted in a single proceeding for multiple petty offenses does not have a right to a jury trial, even if the total possible prison term exceeds six months; --and overturned a judge's ruling requiring Arizona to take a number of steps to improve its law libraries and offer legal assistance for inmates. It said the prisoners must show widespread actual injury, not just instances of harm.