Civil Forfeiture - "If in doubt...take it!"

[PedroDaGr8]

This has to be one of the more insidious practices out there. Another great loss of liberty thanks to the great War On Drugs. The content from this article are outright disturbing. I get the idea behind civil forfeiture but I don't think ANYONE can argue that it has a place in a decent liberty respecting society.


Dick Morris: But if the jury finds that there was [no drug dealing], and finds that the person is innocent, and you forfeited the house, you don’t give it back. You keep the money.

Beth Grossman: Well, first of all, people are not found innocent, they are found not guilty, because the common law cannot achieve—

Dick Morris: That is hysterical. You’re saying that it’s okay to seize the house because they’re found not guilty? Rather than innocent? Are you really saying that?

http://www.buzzfeed.com/nicks29/aif-in-doubtatake-ita-behind-closed-doors-4y3w

[CitizenBBN]

It's a travesty, a huge injustice that makes law enforcement and prosecutors no more than shakedown extortionists. There have been a few good pieces breaking down some of the worst situations, but it's all a joke. There was a thread here in fact some long while back about one in Texas where they were outright shaking down anyone passing through, and running the town and their salaries and bonuses on the spoils.

It's hard to imagine it being tolerated in America, but it is only expanding.

A big reason many in power don't want to end the war on drugs is that, like prohibition and liquor running, it's just so profitable for them.

[bigsky]

WaPo had an outstanding 3 pRt series about this. Worth looking up and reading.

[bigsky]

Profiling on the interstates is incredibly lucrative. First of three

http://www.washingtonpost.com/sf/investigative/2014/10/11/cash-seizures-fuel-police-spending/?wpisrc=al_national

[suncat05]

If you're a Florida resident and drive through Georgia, Alabama, Mississippi, and Louisiana, you're most certainly going to be closely watched by law enforcement as soon as they see a Florida license plate on your vehicle.
I-95, I-75 and I-10 are major drug running routes, along with many of the secondary roads.
Many of the dope runners use rented vehicles now. Smart move on their part, most likely more cost effective for their business, and if they get caught they're not out a vehicle.
And I agree, it has become lucrative for law enforcement. I also do not agree with everything that law enforcement and the local courts can do.

[UKHistory]

I understand the intent of the law. But practically speaking ticket quotas, civil forfeiture and the like clearly creates a vested interest of the local law enforcement to stop people and basically steal from them under the law. The Washington Post had a story about a town in Georiga whose police would shakedown drivers and funnel the money to other law enforcement districts.

It is as immoral an act as the government perpetrates on its citizens.

It is dumb to carry $10,000 or more in cash. But you know what? It should not be illegal.

In America we are innocent until proven guilty. But laws such as this strip away one's property and violate our rights. It is wrong. Might be legal--but it is a morally bankrupt policy that makes police no different than street thugs mugging a person walking down the street.

[PedroDaGr8]

Profiling on the interstates is incredibly lucrative. First of three

http://www.washingtonpost.com/sf/investigative/2014/10/11/cash-seizures-fuel-police-spending/?wpisrc=al_national

Wow suprise surprise Prince George Co. MD is involved in this.

http://en.wikipedia.org/wiki/Berwyn_Heights,_Maryland_mayor's_residence_drug_ra id


Once the package arrived at the house, a SWAT team raided and held the mayor and his mother-in-law at gunpoint, and shot and killed his two dogs, one while it attempted to run away.

If this can happen to the mayor, imagine how it would be with an everyday nobody, let alone someone in a poor neighborhood.


The event gained national and international media attention. While the Calvos were cleared of wrongdoing, the police were accused by the Calvos and civil rights groups of lacking a proper search warrant, excessive force, and failure to conduct a proper background investigation of the home being raided. Despite the criticisms, no action has been taken against the officers or their respective police departments. In August 2010, Sheriff Jackson stated that "We've apologized for the incident, but we will never apologize for taking drugs off our streets. Quite frankly, we'd do it again. Tonight."[1]

[MTcatfan]

Jon Oliver did a great piece on civil forfeiture. Most of you may not like his politics, or most of you may not have been offended by his politics yet as his show is still pretty new:sign0157: but he does a pretty good take down of this pretty pathetic practice. He even gets some people to film an episode of his idea for the next show in the Law & Order franchise: Law & Order - Civil Asset Forfeiture Unit.


https://www.youtube.com/watch?v=3kEpZWGgJks

[jazyd]

If you're a Florida resident and drive through Georgia, Alabama, Mississippi, and Louisiana, you're most certainly going to be closely watched by law enforcement as soon as they see a Florida license plate on your vehicle.
I-95, I-75 and I-10 are major drug running routes, along with many of the secondary roads.
Many of the dope runners use rented vehicles now. Smart move on their part, most likely more cost effective for their business, and if they get caught they're not out a vehicle.
And I agree, it has become lucrative for law enforcement. I also do not agree with everything that law enforcement and the local courts can do.

You will be watched much more if you have a Texas plate. They caught a female yesterday, spanish name from Texas, with $1 million in pure heroin in plastic bags in her care.

[Doc]

The drug runners just need to use illegal Mexican immigrants as their mules. Then when they get stopped cry "profiling" and they will be let go.

[suncat05]

You will be watched much more if you have a Texas plate. They caught a female yesterday, spanish name from Texas, with $1 million in pure heroin in plastic bags in her care.

Oh yeah, I did forget to mention Texas.
Now, the amount of drugs discovered and confiscated on that Texas traffic stop is the reasoning behind the law as it stands now in most every state. I agree with impounding the vehicle in this case because a FELONY has been committed. Where I disagree with the law is when a traffic stop is initiated, a search is conducted and the fruits of the search net a nickel bag......... or less......as in a "roach" or two in the ashtray. Then I do not agree with the law, as the amount of dope found is of a negligible amount. Then, you cite the individual, give them a court date, confiscate the dope found for evidentary purposes, and send them on down the road.
If they don't show up for court, that's on them and there are other consequences for that in addition to addressing the citation.
But confiscating someone's vehicle because they have a negligible amount of marijuana, that's a waste of time just because of the small amount of the dope. And keep in mind that it's an amount that the State Legislature has designated as a misdemeanor up to a certain threshold, and then it becomes a felony. Then.........you take their vehicle. Or if they have anything else......meth, heroin, cocaine, crack, take it all. JMHO.

[jazyd]

The drug runners just need to use illegal Mexican immigrants as their mules. Then when they get stopped cry "profiling" and they will be let go.

Not in my county :)

[dan_bgblue]

http://www.foxnews.com/politics/2014/11/20/civil-forfeiture-likely-to-be-hot-issue-at-lynch-confirmation-hearing-experts/?intcmp=latestnews

[bigsky]

Oh yeah, I did forget to mention Texas. Now, the amount of drugs discovered and confiscated on that Texas traffic stop is the reasoning behind the law as it stands now in most every state. I agree with impounding the vehicle in this case because a FELONY has been committed. Where I disagree with the law is when a traffic stop is initiated, a search is conducted and the fruits of the search net a nickel bag......... or less......as in a "roach" or two in the ashtray. Then I do not agree with the law, as the amount of dope found is of a negligible amount. Then, you cite the individual, give them a court date, confiscate the dope found for evidentary purposes, and send them on down the road. If they don't show up for court, that's on them and there are other consequences for that in addition to addressing the citation. But confiscating someone's vehicle because they have a negligible amount of marijuana, that's a waste of time just because of the small amount of the dope. And keep in mind that it's an amount that the State Legislature has designated as a misdemeanor up to a certain threshold, and then it becomes a felony. Then.........you take their vehicle. Or if they have anything else......meth, heroin, cocaine, crack, take it all. JMHO. Its about the cash. Find cash and take it. No drugs need be present.