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re: Civil Forfeiture After an Arrest
Posted on 7/16/14 at 12:11 am to Asgard Device
Posted on 7/16/14 at 12:11 am to Asgard Device
Agreed on cash seizures. Such an absurd application of law.
My personal favorite is the widely accepted silent signal given by the K9 to discover the cash.
This is a quote from that Iowa story.
My personal favorite is the widely accepted silent signal given by the K9 to discover the cash.
This is a quote from that Iowa story.
quote:
During the traffic stop, officers Travis Neeld and Ian Alke responded along with the K-9 unit. One of the officers said the dog gave a silent indicator on the vehicle, allowing police to search, according to the document.
Posted on 7/16/14 at 12:12 am to LaFlyer
quote:
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.
The law says it has to be returned, I think most people just don't attempt to get it back.
In my experience, police know very little about the actual law. The Sheriff really felt he was in the right and it took both the judge and DA to convince him otherwise.
Posted on 7/16/14 at 12:25 am to Walt OReilly
LINK
Start here, keep clicking next section. Stop when you get to the section on Tanning facilities unless that interests you.
Start here, keep clicking next section. Stop when you get to the section on Tanning facilities unless that interests you.
This post was edited on 7/16/14 at 12:28 am
Posted on 7/16/14 at 12:27 am to Asgard Device
quote:
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.
I remember reading a few stories about Tennessee and how the drug task forces would seize large amount of cash as drug proceeds (even without any evidence of it being drug proceeds). Then the money went into funding the task force. It's amazing that it's allowed.
LINK
Posted on 7/16/14 at 12:33 am to bbrownso
What a scumbag of a cop. Going to assume he wasn't arrested for falsifying a police report...
quote:
Larry Bates, the officer who took Reby's money, wrote in his affidavit that he found the money wrapped in small bundles bound with rubber bands, a "common trend for someone who is in the drug trade." He also said that Reby was acting suspiciously, and that a computer background check showed that Reby had been arrested for possession of cocaine 20 years ago (although he was not convicted). These "clues" were what led our Tennessean Sherlock Holmes to the conclusion that Reby must be involved in some kind of drug operation.
But here's the kicker. NewsChannel5 Investigates has Bates on camera admitting that Reby had told him he was using the money to buy a car. He had even showed the officer eBay searches saved on his computer to prove it. When asked why he did not include this information in his affidavit, Bates looked at the ground like a child just caught stealing cookies, and muttered, "I don't know."
Posted on 7/16/14 at 12:44 am to LaFlyer
Civil forfeiture is the single biggest threat to the government of our forefathers that exists today. It is god damn un American that this chyt goes on, and I hope to God that we can stop this in our lifetime. Its un god damn American.
Posted on 7/16/14 at 12:53 am to LaFlyer
Because it doesn't happen until conviction.
Posted on 7/16/14 at 1:01 am to Monk
quote:
Because it doesn't happen until conviction.
Wrong. That's why it's a problem.
Posted on 7/16/14 at 1:05 am to LSUTigersVCURams
Ok, then I'm against it.
Posted on 7/16/14 at 1:39 am to LSUTigersVCURams
That's correct. When Civil Forfeiture (note the Civil) is initiated, it runs independent of any legal proceedings. Many times you have to hire a separate attorney to defend yourself in the Civil case if you choose to contest it. It is absolutely common for the government to drop the criminal charges once the property is forfeited. They get the cash, cars, property for funding but the actual criminal offense is never pursued.
There is a place for forfeiture but the laws should be amended that it can only be pursued post criminal conviction. The real bugger is when they seize property and assets that someone needs to use to pay for their criminal defense. Think about that one for a minute, the government takes your property so that you can't pay to defend yourself. This is a problem.
There is a place for forfeiture but the laws should be amended that it can only be pursued post criminal conviction. The real bugger is when they seize property and assets that someone needs to use to pay for their criminal defense. Think about that one for a minute, the government takes your property so that you can't pay to defend yourself. This is a problem.
Posted on 7/16/14 at 2:54 am to The Third Leg
quote:
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.
Wow. Yes it may be sketchy but that doesn't make it illegal.
Posted on 7/16/14 at 3:40 am to lsudude24
I'd think they'd make more in marijuana tax revenues than they do in asset seizures.
Posted on 7/16/14 at 5:07 am to Corkfather
quote:
I'd think they'd make more in marijuana tax revenues than they do in asset seizures.
Law Enforcement has no control over how tax revenue is allocated, but they can certainly control where revenue from forfeitures go...
Posted on 7/16/14 at 4:25 pm to Sophandros
quote:
Law Enforcement has no control over how tax revenue is allocated, but they can certainly control where revenue from forfeitures go...
Ever since police were allowed to profit from their busts (asset forfeiture) they have adopted an "us vs. them" mentality. They regard citizens at worst as the enemy and at best as prey to be looted.
You want to end these abuses overnight? Require all assets forfeited be donated to charity.
When the cops don't get to keep the spoils of their crimes against citizens, those crimes will cease.
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