asset forfeiture

[marcinstl]

http://www.huffingtonpost.com/2015/0...n_7647028.html

A number of top progressive and conservative groups are banding together for a new campaign dedicated to reforming civil asset forfeiture, a controversial practice that allows law enforcement to seize a person's property -- including cash, cars, jewelry and houses -- without obtaining a conviction or even charging the owner with a crime. In most states, to reclaim seized property, owners must prove it is not connected to criminal activity, effectively inverting the American legal principle that suspects are innocent until proven guilty.
Fix Forfeiture, a 501(c)(4) organization that officially launched Tuesday at an event in the Pennsylvania Capitol, plans to push for a significant overhaul of these laws. It has rounded up a bipartisan coalition that include progressive organizations like the American Civil Liberties Union and the Center for American Progress, as well as conservative ones like Americans for Tax Reform and FreedomWorks. The nonprofit will coordinate these varying voices -- all of which have campaigned separately on the issue of civil asset forfeiture -- as it lobbies for reform at both the state and federal levels."

hope this effort puts an end to the sheriff's little highway robbery scheme.

[Scarywoody]

I'd support that legislation. I have always found it appalling that law enforcement can confiscate without conviction.

[JohnR]

In post-constitutional America, will this law stop them?

[TheTman]

Tennessee was one of the biggest offenders for taking cash. One man had 10k he was going to use to purchase a classic car, he had the ad with him and showed the cop, but he took the $10K anyway because it COULD have been used to buy drugs. His lawyers said to forget it, it would cost more than that to get it back. The legislature then attempted to set some rules, but the cops went running to the feds and got their backing so the state pretty much lost their cut and the cops and feds split it now. It's a wonder they don't find some Tennessee cops dead on the side of the road. That they don't probably shows they are taking money from innocent citizens. A criminal would probably retaliate.
It seems totally backwards to confiscate money and property with no conviction. Not the American way at all. How about we go around and seize cops and judges cars because they might be used for drunk driving? When I bought my last car the guy wanted cash and I was nervous as hell driving to Kansas City with almost $10K on me. Luckily I didn't get stopped. Kansas isn't known so much for confiscating property without there being some evidence. They get plenty of that with I-70 and I-35 running through the state, both known drug courier routes.

[Longitude Zero]

Confiscate at the start, but if there is no conviction return the money. Minus of course the interest accrued while in custody.

[marcinstl]

Tennessee was one of the biggest offenders for taking cash. One man had 10k he was going to use to purchase a classic car, he had the ad with him and showed the cop, but he took the $10K anyway because it COULD have been used to buy drugs. His lawyers said to forget it, it would cost more than that to get it back. The legislature then attempted to set some rules, but the cops went running to the feds and got their backing so the state pretty much lost their cut and the cops and feds split it now. It's a wonder they don't find some Tennessee cops dead on the side of the road. That they don't probably shows they are taking money from innocent citizens. A criminal would probably retaliate.
It seems totally backwards to confiscate money and property with no conviction. Not the American way at all. How about we go around and seize cops and judges cars because they might be used for drunk driving? When I bought my last car the guy wanted cash and I was nervous as hell driving to Kansas City with almost $10K on me. Luckily I didn't get stopped. Kansas isn't known so much for confiscating property without there being some evidence. They get plenty of that with I-70 and I-35 running through the state, both known drug courier routes.

you raise some interesting thoughts, subjects there. we've all read about bad cops, insane cops, crooked cops (and I for one don't trust many cops anymore than I trust the badguys). so ok, the dash cam shows the cop pulling you over, illegally searching your car, taking your $10k, all the while with his gun drawn and he's telling you he's going to pop you if you give him any sh*t, finally you pull your gun and shoot the sumbits. so there you are, cop on the side of the road. you get on the police radio and report the situation? are you going to live long enough to see a judge? lawyer going to get you out of that? ever see a news story about a good civilian defending himself against a bad cop?

[Armybrat]

I agree that the forfeiture scam be reworked.

Case in point - the big biker shootout at the Twin Peaks Restaurant in Waco recently. There were scores of guys there who did nothing wrong and had their bikes impounded by McClennan County and are subject to auction.
Yes, there were some criminal gangs there - two of which created a fight that wound up causing a melee. In the ensuing confusion & slaughter, some bikers who were not members of either criminal gang, but had been there for the big meet, were tossed in the pokey without cause. Some were eating in the restaurant next door and got arrested anyway. At least two were arrested while riding towards the area, not knowing what had occurred.
A lot of those arrested had no priors and were still held under a crazy $1,000,000 bail. Unfortunately, some of them lost their jobs because they were in jail.

The Waco LEOs pulled a major league legal screwup, and the taxpayers are going to be on the hook for up to $340,000,000 in lawsuits.

Added to that, the Waco LEOs didn't even test anybody for GSR to see who did the shooting.

What a mess.

[Longitude Zero]

The Waco LEOs pulled a major league legal screwup, and the taxpayers are going to be on the hook for up to $340,000,000 in lawsuits.

Added to that, the Waco LEOs didn't even test anybody for GSR to see who did the shooting.

What a mess.

Agreed it is a mess but as far as legal liability I doubt a jury of 12 in Waco is going to have any sympathies for OMG members, wannabes, hangers on and overall turds/thugs/boogers. GSR testing is not dispositive and in a cloud of gunfire like was there would probably have little to no probative value.