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Civil Forfeiture After an Arrest
Posted on 7/15/14 at 11:40 pm
Posted on 7/15/14 at 11:40 pm
How is this possible in a innocent until proven guilty legal system.
10
Posted on 7/15/14 at 11:43 pm to LaFlyer
Merica
Posted on 7/15/14 at 11:43 pm to LaFlyer
great question.
I know when you are caught with drugs they can impound the car. Keep it, auction it or at best charge you hundreds to get it back.
I know when you are caught with drugs they can impound the car. Keep it, auction it or at best charge you hundreds to get it back.
Posted on 7/15/14 at 11:46 pm to LaFlyer
Don't know but it suck... Had my 98' f150 lariet Black and Tan with the tan interior. Decked out truck for the time taken by the calcasieu parish Sherrif's office and never saw it again... Complete bullshite...
Posted on 7/15/14 at 11:46 pm to Napoleon
quote:
charge you hundreds to get it back
With good attorneys, this is most likely going to happen.
Posted on 7/15/14 at 11:48 pm to LaFlyer
Can they really auction your property before you're convicted?
Posted on 7/15/14 at 11:49 pm to Corkfather
I'd love for someone to explain how this all works
Posted on 7/15/14 at 11:51 pm to Walt OReilly
I know that if they seize property and can prove it was paid for using illegitimate funds, it can be auctioned off. I really don't see how they could do it before a conviction though.
Posted on 7/15/14 at 11:55 pm to LaFlyer
It's bullshite.
Posted on 7/15/14 at 11:57 pm to fr33manator
they cant auction it off yet only seize it. once you are found guilty then the auction will come about.
Posted on 7/16/14 at 12:01 am to fr33manator
I've seen cases where assets that were probably going to go for defense were seized. Under the threat of seizing more assets such as a home or the accounts of loved ones defendant forced to plea bargain instead of defend himself.
Posted on 7/16/14 at 12:03 am to brbowhunter
I got charged with illegal possession of a firearm a few years back and had my pistol confiscated. Once the charged was dropped, the DA told me that I could go to the Sheriff's office and pick it up. When I showed up the Sheriff was flabbergasted, I don't think he'd ever had someone actually try to pick up property and refused to give it to me. I had to go back to the courthouse and have the DA call the Sheriff and explain to him that you can't hold evidence in a case that no longer exists and he still refused. I only got the gun back after the judge himself called and literally forced the Sheriff to return it.
Posted on 7/16/14 at 12:03 am to SuperSaint
quote:
SuperSaint
Don't know but it suck... Had my 98' f150 lariet Black and Tan with the tan interior. Decked out truck for the time taken by the calcasieu parish Sherrif's office and never saw it again... Complete bull shite...
Please tell me more. What were the circumstances and what did they do with it.
Posted on 7/16/14 at 12:04 am to LaFlyer
Higher courts have upheld the legitimacy of the Government's actions.
A Minnesota couple was stopped traveling through Iowa with nearly Fifty-Thousand-Dollars cash back in March. It was seized. No word if they got it back.
https://www.press-citizen.com/story/news/crime-and-courts/2014/04/17/couple-wants-its-cash-back/7855001/
A Minnesota couple was stopped traveling through Iowa with nearly Fifty-Thousand-Dollars cash back in March. It was seized. No word if they got it back.
quote:
Iowa City Police Sgt. Vicki Lalla said Thursday she couldn't discuss in depth Overton's claims but said multiple factors can go into an officer's decision to perform a seizure, such as the amount of cash present.
"It's very unusual for people to be out and about with that much cash on their person or in their car," she said.
However, Overton claims in court documents that the money was given to him by Barber earlier that month to be used to buy property from Overton's cousin in Rock Island, Ill.
"This money was wrongfully seized. I was not arrested, nor were any charges lodged against me in connection with this money," Overton states in the document. "This money was in no way connected to any criminal activity."
https://www.press-citizen.com/story/news/crime-and-courts/2014/04/17/couple-wants-its-cash-back/7855001/
Posted on 7/16/14 at 12:04 am to Corkfather
Was this in Orleans parish?
Posted on 7/16/14 at 12:06 am to LaFlyer
They will take all of your cash also. Doesn't matter where it came from, they're taking it
LDWF can take the most. They can take your gun, all of your gear, your four wheeler, your truck, and anything in your house
LDWF can take the most. They can take your gun, all of your gear, your four wheeler, your truck, and anything in your house
Posted on 7/16/14 at 12:06 am to Corkfather
quote:shite I was never convicted. They let another place handle me on a seperate case out of state. Bay county fl to be exact, and I never heard another word about my truck or the 50 cases of bud light I had in the bed that wasn't even on the property report
Can they really auction your property before you're convicted?
I stopped in Houston and traded pills I had just got from Mexico to a guy that owned a corner store
Pulled over on the interstate just across the la border by some pee-on hillbilly backwoods cops and they took my shite
you live and you learn I loved that truck. Probably one of the nicer vehicles id ever owned :lol:
This post was edited on 7/16/14 at 12:08 am
Posted on 7/16/14 at 12:08 am to Golfer
quote:
Was this in Orleans parish?
Negative. This was Goliad County, Texas.
I do have property in Orleans Parish evidence that has been there for over four years awaiting trial. I doubt I'll get it back after the trail is concluded, even though I'm the victim and not the defendant.
Posted on 7/16/14 at 12:08 am to Corkfather
quote:
Corkfather
I got charged with illegal possession of a firearm a few years back and had my pistol confiscated. Once the charged was dropped, the DA told me that I could go to the Sheriff's office and pick it up. When I showed up the Sheriff was flabbergasted, I don't think he'd ever had someone actually try to pick up property and refused to give it to me. I had to go back to the courthouse and have the DA call the Sheriff and explain to him that you can't hold evidence in a case that no longer exists and he still refused. I only got the gun back after the judge himself called and literally forced the Sheriff to return it.
So charges were dropped and your personal property that was to be used for evidence would not be returned for what possible reason it's yours. I just don't understand the law enforcement position regarding this.
Posted on 7/16/14 at 12:08 am to The Third Leg
My favorite is when they seize cash. They often have zero proof that the cash was from selling drugs. The "proof " is that you have a lot of cash in the first place.
Local police departments are the biggest offenders of freedom but manage to fly under the radar in terms of public outrage received.
Local police departments are the biggest offenders of freedom but manage to fly under the radar in terms of public outrage received.
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