Author Topic: Asset forfeiture  (Read 426 times)

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Offline PowerSlave

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Asset forfeiture
« on: December 27, 2015, 11:24:09 PM »
https://www.washingtonpost.com/news/wonk/wp/2015/12/23/the-feds-just-shut-down-a-huge-program-that-lets-cops-take-your-stuff-and-keep-it/

I'm curious to see what the general consensus is about this is. I'm rather happy about it, myself. I've got no problem with them taking property from people that are convicted of a crime and the property that is taken being tied to the criminal activity. However, it doesn't appear that that is how things have been working up to this point.
All of this has happened before and all of this will happen again

Offline Genowyn

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Re: Asset forfeiture
« Reply #1 on: December 28, 2015, 12:46:02 AM »
Great to hear. I first learned about this from Last Week Tonight, and some of the horror stories they shared about it were pretty unbelievable.

...my name is Araragi.

Offline El Barto

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Re: Asset forfeiture
« Reply #2 on: December 28, 2015, 08:17:24 AM »
I thought the DOJ took this step a year ago. In the end it won't matter since the states can behave even more disreputably here. It's nothing more than theft, AFAIC.

I also saw that some congressman was wanting to expand civil forfeiture to include some sex crimes. Kiddy porn in particular, IIRC. Seems as the country crumbles The Man seeks more and more ways to steel money to prop himself up. Right now he's just focusing on the undesirables who nobody will stick up for. He'll have to keep expanding that list, though.

Best CAF horror story is what some county jails will pull. They'll talk people into bringing cash to bail out loved ones. "It'll be quicker and much easier to get your husband out this way." Then when you show up with $10k they have their dog sniff it. Invariably it hits for drugs, because all money smells like drugs to a dog, and they steel your cash. Real nice.
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Offline El Barto

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Re: Asset forfeiture
« Reply #3 on: September 13, 2017, 03:10:45 PM »
So the point I just made (15 months ago) is winding its way through the courts. Seems a guy took $11.5k to the jail to bail his old lady out and a dog smelled drugs on it. "Our money now! Try again." The argument here was that clearly it was drug money. After demonstrating that he earned it from an insurance settlement and the sale of a car the 9th circuit sent the case back to the lower courts. The new argument: clearly he had the money to buy more drugs to sell. Thus, drug money. Thankfully, the 9th circuit shot that one down as well. You can't just take money from somebody claiming "well they're probably just going to buy drugs with it anyway." The government continues to fight this, so we'll have to wait and see what the next argument is. If I were a sorry sack of shit I'd probably go with "we need to seize the money to insure that any fines will be paid upon a conviction."

https://www.techdirt.com/articles/20170906/15202538161/saying-someone-might-do-something-illegal-with-cash-isnt-enough-govt-to-seize-it-court-rules.shtml
Argument, the presentation of reasonable views, never makes headway against conviction, and conviction takes no part in argument because it knows.
E.F. Benson