Philadelphia Homeowners Try To Stop DA's Quick Property Seizures
By Cherri Gregg
PHILADELPHIA (CBS) -- A group of Philadelphia homeowners is asking a federal court to stop the City of Philadelphia's practice of seizing properties without first notifying the owner.
The practice is called "Seize and Seal," and it allows the Philadelphia DA's office to get an order from a judge to seize a home that is linked to alleged drug activity.
"It allows police and prosecutors to go in and throw everyone out of the home and prevent them from returning, sometimes by padlocking the doors and drilling screws in the window frames," says Robert Frommer, an attorney with the Arlington, Va.-based, right-wing Institute for Justice, which is representing the plaintiffs.
The homeowners complain that they have not been charged with any crime and received no notice or opportunity for a hearing before their homes were seized by the City of Philadelphia.
"The first time that they learned that their properties were under threat was when the police came to throw them out," says Frommer. "This process not only violates the sanctity of the home, but it also violates the Constitution."
Frommer cites US Supreme Court precedent that requires due process in the form of notice and a hearing before property is seized.
The preliminary motion, filed on Monday, claims seizing property without first notifying the homeowner causes "irreparable harm." Frommer says the DA gets sign-and-seal orders in 92 percent of asset forfeiture cases.
The plaintiffs have asked US District Court judge Eduardo Rubreno to block the practice during until the conclusion of the lawsuit.
The class-action lawsuit filed last month claims the city's asset seizure program illegally extorts millions of dollars every year from property owners to pad law enforcement coffers. (The city, and especially the DA's office, often reap the proceeds from seized properties that are later sold.)
The Philadelphia DA's office has said in a statement that asset forfeiture targets illegal drug activity and that the office applies "applicable laws in a way that protects the rights of all parties involved."
Frommer says he expects a ruling on the motion within a matter of a few weeks.
