Ron Strider
Well-Known Member
Without ever being charged with a crime, a West Philadelphia grandmother had her home and her car confiscated because her son sold less than $200 worth of marijuana. Elizabeth Young, now 72, is just one of thousands of victims of civil forfeiture, which allows police and prosecutors to confiscate property, even if the owner has not been convicted or accused of any wrongdoing.
But on Thursday, more than seven years after her legal nightmare began, Young scored a major victory at the Pennsylvania Supreme Court. In a meticulous and unanimous decision, the court rejected the government's confiscation, and issued more stringent safeguards for property owners. Writing for the court, Justice Debra Todd held that this ruling would ensure that "innocent property owners are not dispossessed of what may be essential possessions...without rigorous scrutiny by the courts."
Property owners desperately needed greater protections, especially in Philadelphia, where law enforcement has confiscated over 1,000 homes, more than 3,000 vehicles and $44 million in cash over 11 years. Thanks in part to a separate, class action-lawsuit by the Institute for Justice (which also filed an amicus brief for Young's case), Philadelphia's "forfeiture machine" has become notorious nationwide for its abuses, and has even been showcased on CNN and Last Week Tonight with John Oliver.
Young's case began in 2009 after she allowed her adult son, Donald Graham, and his children to live with her, but only after Graham claimed he no longer used drugs. Previously, when Young learned Graham was using, she refused to speak to him and shunned her son entirely. With her son back in her life, Young relied on Graham for assistance, who drove his mother to church, to run errands and to meet appointments. (Young has been hospitalized for two blood clots in her lungs.)
But unbeknownst to Young, Graham was a small-time dealer. Beginning in November 2009, Philadelphia police conducted seven controlled buys with confidential informants against Graham. That effective use of taxpayer's money netted just 19 grams of marijuana, with an estimated street value of around $190.
In January 2010, police arrested Graham, who later pled guilty to possession of marijuana with intent to deliver. Graham was sentenced to 11 to 23 months of house arrest, and faced no fine. But the even bigger penalty was to come.
Prosecutors filed petitions to forfeit Young's car, a 1997 Chevrolet Venture minivan, and her home, where she had lived since the 1970s. Incredibly, Young was never charged with a crime. Instead, the Commonwealth of Pennsylvania argued that her house and car must be confiscated because they "facilitated" Graham's drug sales, which happened inside or around the minivan and house.
Young argued that she was an "innocent owner" under Pennsylvania law, because she did not know of or consent to her son's illegal activity. She also claimed that the forfeiture was an unconstitutional "excessive fine" because she would lose her car and $54,000 house over a crime for which her son paid no fine.
Unfortunately for her, a Philadelphia trial court rejected both of her claims in May 2012, and ordered her to forfeit her residence and primary mode of transportation. The trial court claimed Young had turned "a blind eye to her son's illegal conduct on the property"–despite evidence to the contrary–and reasoned that the forfeiture was "not grossly disproportional" because Graham could have theoretically faced $80,000 in criminal penalties, even though he wasn't actually fined.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Grandmother Who Lost Her Home Because Her Son Sold Marijuana Wins Pennsylvania Supreme Court Case
Author: Nick Sibilla
Contact: Contact Information
Photo Credit: None Found
Website: {{meta.title}}
But on Thursday, more than seven years after her legal nightmare began, Young scored a major victory at the Pennsylvania Supreme Court. In a meticulous and unanimous decision, the court rejected the government's confiscation, and issued more stringent safeguards for property owners. Writing for the court, Justice Debra Todd held that this ruling would ensure that "innocent property owners are not dispossessed of what may be essential possessions...without rigorous scrutiny by the courts."
Property owners desperately needed greater protections, especially in Philadelphia, where law enforcement has confiscated over 1,000 homes, more than 3,000 vehicles and $44 million in cash over 11 years. Thanks in part to a separate, class action-lawsuit by the Institute for Justice (which also filed an amicus brief for Young's case), Philadelphia's "forfeiture machine" has become notorious nationwide for its abuses, and has even been showcased on CNN and Last Week Tonight with John Oliver.
Young's case began in 2009 after she allowed her adult son, Donald Graham, and his children to live with her, but only after Graham claimed he no longer used drugs. Previously, when Young learned Graham was using, she refused to speak to him and shunned her son entirely. With her son back in her life, Young relied on Graham for assistance, who drove his mother to church, to run errands and to meet appointments. (Young has been hospitalized for two blood clots in her lungs.)
But unbeknownst to Young, Graham was a small-time dealer. Beginning in November 2009, Philadelphia police conducted seven controlled buys with confidential informants against Graham. That effective use of taxpayer's money netted just 19 grams of marijuana, with an estimated street value of around $190.
In January 2010, police arrested Graham, who later pled guilty to possession of marijuana with intent to deliver. Graham was sentenced to 11 to 23 months of house arrest, and faced no fine. But the even bigger penalty was to come.
Prosecutors filed petitions to forfeit Young's car, a 1997 Chevrolet Venture minivan, and her home, where she had lived since the 1970s. Incredibly, Young was never charged with a crime. Instead, the Commonwealth of Pennsylvania argued that her house and car must be confiscated because they "facilitated" Graham's drug sales, which happened inside or around the minivan and house.
Young argued that she was an "innocent owner" under Pennsylvania law, because she did not know of or consent to her son's illegal activity. She also claimed that the forfeiture was an unconstitutional "excessive fine" because she would lose her car and $54,000 house over a crime for which her son paid no fine.
Unfortunately for her, a Philadelphia trial court rejected both of her claims in May 2012, and ordered her to forfeit her residence and primary mode of transportation. The trial court claimed Young had turned "a blind eye to her son's illegal conduct on the property"–despite evidence to the contrary–and reasoned that the forfeiture was "not grossly disproportional" because Graham could have theoretically faced $80,000 in criminal penalties, even though he wasn't actually fined.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Grandmother Who Lost Her Home Because Her Son Sold Marijuana Wins Pennsylvania Supreme Court Case
Author: Nick Sibilla
Contact: Contact Information
Photo Credit: None Found
Website: {{meta.title}}
