Mayor Rudolph Giuliani seems ready to emulate this logic. First he announced that New York City would seize the cars of people accused of drunk driving and return the cars if the people were acquitted. Then he decided he'd keep the cars of those acquitted as well. But perhaps Mr. Giuliani has done us all a favor by raising the subject of civil asset forfeiture. Under a 1984 Federal law, Federal officials can seize property suspected of being used in a crime, without arresting anyone.
Many states have similar laws.
By arresting property instead of people, the Government does an end-run around the Constitution. But consider the consequences. A couple in Connecticut lost their home because Federal agents found drugs in their grandson's room. Federal agents assumed he was a drug dealer, and though he had no police record and no involvement with drugs, they confiscated all his money. In another case, a man with glaucoma who owned a 90-acre farm in Kentucky grew a few marijuana plants on the advice of his ophthalmologist, who was authorized by the Federal Government to test marijuana for the medical treatment of the disease.