The use of civil forfeiture of property in connection with crime has escalated in recent years. Last year it brought hundreds of millions of dollars to federal and local law enforcement coffers.
An example from Tewksbury, Mass., suggests it's gone too far.
A Wall Street Journal article describes Motel Caswell, in the same family since it was built six decades ago, in a good section of town that has become somewhat seedy.
The independent motel catered to middle-class travelers. Now it houses some travelers, people looking for work, some forced out of their homes and a few welfare cases, including some placed by local agencies.
Inevitably, some crime occurs. Owner Russell Caswell, who lives next door, said he keeps a close eye on the motel, calls police whenever there's trouble and keeps a log of police contacts, as well as a do-not-rent-to list. Police acknowledge his cooperation.
The U.S. Justice Department, however, reports that between 2001-2008, seven police investigations involving drugs at the motel resulted in eight convictions for drug-related crimes. The agency listed more than 100 investigations since 1994.
Caswell hasn't been charged with any crime. But the feds want to take his property, valued at about $1 million with no mortgage. The local police department stands to receive $800,000.
We have some idea how difficult it might be to operate an independent motel. Several years ago, Royal Oak officials came down hard on several motels, not just for drug activity, but for frequent disturbances, assaults and other crimes. The warning to the owners: Control your guests. Several of those motels eventually closed. To our recollection, none went through a forfeiture process. Is it possible that the Caswell family knew more about its guests that it lets on?
Sure, but we don't know that.
Forfeiture in a criminal case is an appropriate part of the penalty. If a person is convicted of a crime, property used in the commission of the crime should be forfeited. But civil forfeiture is fraught with problems, among them a conflict of interest: The property presents a tempting target, especially for a small police department.
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