From: Jim Rosenfield <[j n r] at [igc.apc.org]> Newsgroups: talk.politics.drugs Subject: Re: News Stories from the Drug War Date: Tue, 05 Dec 1995 17:24:46 -0800 (PST) <<>> APn 11/29 Scotus-Forfeiture y RICHARD CARELLI WASHINGTON (AP) -- A Michigan woman's fight over a family car -- seized by authorities after her husband used it for illicit with a prostitute -- sparked a spirited Supreme Court debate Wednesday. At issue: The scope of government's power to confiscate property linked to crimes but owned, at least partially, by innocent people. The high court's decision, expected by July, could affect significantly efforts by local, state and federal prosecutors to enforce forfeiture laws aggressively as a crime-fighting tool. The justices barely allowed each of the three lawyers appearing before them time to answer one question before posing another. Was the forfeiture of John and Tina Bennis' car after he pleaded guilty to gross indecency in 1988 a criminal or civil penalty, Justice Sandra Day O'Connor inquired. The lawyers for Mrs. Bennis and Michigan disagreed on the answer. Justice David H. Souter asked what Mrs. Bennis could possibly have done to escape liability. Several justices wanted to know whether a car rental company could have lost its car if Bennis had used it for his tryst. And what about, Justice John Paul Stevens asked, the owners of stolen cars used in crimes? When Justice Ruth Bader Ginsburg asked whether an appropriate remedy might be letting Mrs. Bennis sue her husband, lawyer Stefan Herpel responded, "At that point, you're in the realm of divorce." In a stage whisper, Chief Justice William H. Rehnquist suggested, "If not before." And Justice Antonin Scalia added: "I would have thought she'd rather sue her husband than sue Michigan." Bennis was arrested in Detroit after police saw him pick up a known prostitute, park on a city street and begin receiving oral sex. Wayne County prosecutors, seeking to get tough on prostitution, successfully sought forfeiture of the car under a 1925 anti-nuisance law. The Michigan law does not contain an exception for property used in crime without an owner's knowledge. But a federal law requiring forfeiture of property used in drug crimes does have such an exception. Herpel argued for Mrs. Bennis that forcing her to give up the 1977 Pontiac sedan violated her due-process rights and amounted to a governmental "taking" without the constitutionally required compensation. She is entitled to be compensated for her share in the car, for which the Bennises paid $600 about a month before it was seized. "I couldn't believe it was happening," Mrs. Bennis told ABC News. "You know, I hadn't done anything wrong. I was innocent and living in America I thought this doesn't happen." But Larry Roberts, a Wayne County prosecutor, urged the justices to "reaffirm the police powers of the state in this type of nuisance abatement." "If there was punishment, it was incidental," Roberts contended. Clinton administration lawyer Richard Seamon also urged the court to rule against Mrs. Bennis, arguing that she had not taken "all reasonable steps" to prevent her husband's crime. In incredulous tones, Justice Anthony M. Kennedy asked whether it was the federal government's position that wives must call the police to report that their husbands are consorting with prostitutes. Seamon's response -- "Not in every case" -- prompted the courtroom's audience to erupt in laughter. The case is Bennis vs. Michigan, 94-8729.