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Texas looking to abolish asset forfeiture, run into LEO resistance
Posted on 2/1/17 at 4:31 pm
Posted on 2/1/17 at 4:31 pm
quote:
A bipartisan coalition is forming in the Texas Legislature to overhaul a Reagan-era police practice that allows law enforcement officers to confiscate personal property without charging the owner with a crime.
State Senator Konni Burton, R-Colleyville, is carrying Senate Bill 380, which would repeal civil asset forfeiture, a practice the libertarian-leaning Republican says flies in the face of the U.S. Constitution.
“Right now, law enforcement can seize property under civil law, and it denies people their basic rights,” said Burton, who sits on the Senate Criminal Justice Committee. “There’s a basic problem with this process that I want to correct.”
quote:
In 2005, 30-year-old Javier Gonzalez was stopped en route from Austin to Brownsville to visit his dying aunt. He was traveling with more than $10,000 cash that he planned to spend on funeral arrangements. Though Gonzales wasn’t carrying drugs or contraband, the Jim Wells County Sheriff Department officers who stopped him arrested Gonzales and pressured him into signing away his rights to the money. It was the only way he’d avoid felony charges of money laundering, they told him.
quote:
Burton’s bill includes no mechanism for replacing the funds law enforcement agencies are almost certain to lose with the repeal of civil asset forfeiture.
And many law enforcement agencies aren’t going to give up without a fight, according to Charley Wilkison, executive director of the Combined Law Enforcement Associations of Texas (CLEAT). Wilkison and Smith, of SAPD, said they will be at the Capitol to oppose Burton’s bill.
“And I would be surprised if you didn’t hear from mayors and city managers and other officials who have to deal with budget issues,” Wilkison said.
Texas Observer
I doubt it passes, but it's a start.
16
Posted on 2/1/17 at 4:34 pm to NYNolaguy1
quote:
I doubt it passes, but it's a start.
I don't think enough people understand that civil asset forfeiture exists. If this doesn't pass, hopefully it at least moves the needle on awareness so that it can be eliminated in the future.
Posted on 2/1/17 at 4:34 pm to NYNolaguy1
frick your budget issues
Posted on 2/1/17 at 4:36 pm to NYNolaguy1
Cops pissed they can't steal from the public anymore
Posted on 2/1/17 at 4:36 pm to NYNolaguy1
quote:
the Jim Wells County Sheriff Department officers who stopped him arrested Gonzales
So this guy was charged with something right? What was it.
Although I have had dealings (business dealings that is) with the Jim Wells CO SO and it wouldn't surprise me a lick if they arrested a SOB with no charge
Posted on 2/1/17 at 4:36 pm to ProjectP2294
Opposition to this bill is just letting everyone know how blatantly corrupt these assholes are
Posted on 2/1/17 at 4:37 pm to NYNolaguy1
Good job, TX.
Posted on 2/1/17 at 4:37 pm to LSU316
quote:
So this guy was charged with something right? What was it
They agreed not to charge him with anything if he signed over the money.
That's nothing short of bribery and extortion.
Posted on 2/1/17 at 4:37 pm to ProjectP2294
quote:
I don't think enough people understand that civil asset forfeiture exists. If this doesn't pass, hopefully it at least moves the needle on awareness so that it can be eliminated in the future.
Many people lack any awareness beyond their front nose, so if they don't carry large amounts of cash, they don't see why anyone else would need to.
A whooooooooole lot of small government conservatives are totally fine with the government fricking with people that aren't them.
Posted on 2/1/17 at 4:39 pm to JohnnyKilroy
A lot of small government conservatives have no clue about the type of people actually policing the streets.
Posted on 2/1/17 at 4:39 pm to dualed
quote:
Opposition to this bill is just letting everyone know how blatantly corrupt these assholes are
Dumbass old people will listen to LEOs bitching about not having enough money/tools to fight the drug war and join them in opposition.
Posted on 2/1/17 at 4:40 pm to JohnnyKilroy
quote:
Many people lack any awareness beyond their front nose, so if they don't carry large amounts of cash, they don't see why anyone else would need to.
Even worse when they hear their local sheriff making money from "criminals" they just assume they were bad guys and move on without realizing often these guys weren't convicted of anything.
No one questions where the money comes from.
Posted on 2/1/17 at 4:43 pm to NYNolaguy1
quote:
Even worse when they hear their local sheriff making money from "criminals" they just assume they were bad guys and move on without realizing often these guys weren't convicted of anything.
No one questions where the money comes from.
Yea that's what I mean. There will be many civilians who oppose this bill because they will falsely believe that it's only criminals that are hurt by civil asset forfeiture.
Posted on 2/1/17 at 4:44 pm to NYNolaguy1
quote:
They agreed not to charge him with anything if he signed over the money. That's nothing short of bribery and extortion.
Oh yea that is totally Jim Wells Co right there.
Back when I was working with them the chief deputy there carried a custom Kimber Super Match II .45 (retails at over 2300 bucks) and he told me he had the department put over 1500 in upgrades on it. He had damn near 4K in a single handgun that the county paid for.
I asked him what he would do if he ever had to shoot someone with it (because they would typically have to give it up to the lab and such after that)...he said I'd have the county buy me a new one. I about choked. Just an FYI their deputies carry Sig P220's (retail about 700 or so I guess) while most department's carried the less expensive Glocks.
Now let them tell you TX baws about their budget problems still
This post was edited on 2/1/17 at 4:45 pm
Posted on 2/1/17 at 4:46 pm to JohnnyKilroy
quote:
There will be many civilians who oppose this bill because they will falsely believe that it's only criminals that are hurt by civil asset forfeiture.
Sadly I have had conversations with DA's/ADA's/LEO that spit out the party line too. It's hard for me to believe all of them think it's all about the money, and that some actually believe the nonsense.
Posted on 2/1/17 at 4:49 pm to NYNolaguy1
quote:
In 2005, 30-year-old Javier Gonzalez was stopped en route from Austin to Brownsville to visit his dying aunt. He was traveling with more than $10,000 cash that he planned to spend on funeral arrangements. Though Gonzales wasn’t carrying drugs or contraband, the Jim Wells County Sheriff Department officers who stopped him arrested Gonzales and pressured him into signing away his rights to the money. It was the only way he’d avoid felony charges of money laundering, they told him.
South Texas going South Texas, hell they're still finding ballot boxes down there stuffed with LBJ votes in them
Posted on 2/1/17 at 4:54 pm to NYNolaguy1
quote:
Burton’s bill includes no mechanism for replacing the funds law enforcement agencies are almost certain to lose
Well, no shite. That's like saying the government has no mechanism in place for replacing the funds a jewel theif loses after he's caught. Actually it's not like it. That's exactly what they're saying.
quote:
And many law enforcement agencies aren’t going to give up without a fight
You see, this is a legitimate reason to protest and riot in the streets
Posted on 2/1/17 at 4:54 pm to TxWadingFool
I'll play devil's advocate.
What if a cop catches a kid selling small amounts of weed, so normally he would take the weed and the money and let him off. Now he has to arrest him if he wants to take the weed and money.
What if a cop catches a kid selling small amounts of weed, so normally he would take the weed and the money and let him off. Now he has to arrest him if he wants to take the weed and money.
Posted on 2/1/17 at 4:56 pm to barry
(no message)
This post was edited on 5/4/23 at 7:35 am
Posted on 2/1/17 at 4:57 pm to barry
quote:
I'll play devil's advocate.
What if a cop catches a kid selling small amounts of weed, so normally he would take the weed and the money and let him off
Weed should be legal. But right now it's not. And so the kid is a law breaking drug dealer.
quote:
Now he has to arrest him if he wants to take the weed and money.
Well, no he doesn't. He can still take the weed and the money, you see, being a drug dealer is a crime. Civil forfeiture is what Dennis Reynolds does in a cop uniform. You wanna get jammed up?
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