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Under the Gold Dome with Sandra Parrish

Posted: 4:20 p.m. Thursday, Jan. 5, 2012

Groups want reforms to state forfeiture laws 

By Sandra Parrish

With the state legislature reconvening next week, a coalition of civil rights groups is calling for reforms to Georgia’s civil forfeiture laws. 

Currently, police can seize a home, car, cash or other property upon even the suspicion that it has been used or involved in criminal activity.

Paula Peterson of Alma lost her SUV for five months after her 22-year-old daughter was implicated in a drug case involving the young woman’s roommate.

“I wasn’t no (sic) where around and I was treated like I’d committed a crime,” she tells WSB’s Sandra Parrish.

It took Peterson getting attorney Joseph Segui involved before she was able to recover her vehicle.

“The vehicle did nothing wrong… both the vehicle and the owner were innocent, but Mrs. Peterson had the burden of proving that,” he says.

Kelly McCutchin, president of the Georgia Public Policy Foundation, says changes to current law regarding forfeitures should be right in line with reforms expected this session on the judicial system.

“ Thisis a great step forward to righting a wrong in our code that we can take care this year and then address other issues going forward,” he says.

The Institute for Justice, a nationwide public interest law firm that fights civil forfeiture abuse across the country, has drafted its own policies it would like see included in Georgia’s law.

The first would be to require a conviction before title to any property is transferred to the state.  It also wants an expedited process for innocent owners to be able to get their property back.  Finally, the firm wants police and prosecutors’ offices to no longer profit from enforcing forfeiture laws.

Lee McGrath, legislative counsel for the firm, says so far no lawmakers have come forward offering to introduce a bill.

Sandra Parrish

About Sandra Parrish

Sandra Parrish has been a reporter for WSB Radio since 1995 and covers political, legislative, transportation, and educational news.

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