The Supreme Court recently stated that the government has the power to confiscate any property used in a crime, not only before anyone is convicted of anything, but even if the property owner is not involved in the crime.
Tina Bennis was unaware that her husband had used her car to enjoy the oral favors of a prostitute. Police arrested her husband and confiscated the vehicle the heinous criminal act was performed therein. Tina, already a bit miffed at her husband for said dalliance, was victimized further by losing her car. She had done nothing wrong, was a victim and was not a party to the crime in any aspect.
This is yet another example of where the mentality of our War on Drugs has driven us. Over the years it has done nothing much to stem the use or availability of drugs, but it sure has hell just about destroyed the 4th Amendment. It has also tripled our prison population, ruined more individuals and families than the drugs themselves, created such fascist ideals as mandatory sentencing, three strikes you are out, relying on the good faith of the police in searches and the government right to take all one’s property for little reason. Even worse, it has managed to move all these terrible ideals into every area of criminal law, as it has with Tina Bennis.