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Started By
Message
re: How police took $53,000 from a Christian band, an orphanage, and a church
Posted on 4/25/16 at 3:51 pm to SlowFlowPro
Posted on 4/25/16 at 3:51 pm to SlowFlowPro
quote:
yes and then it's your burden to prove the money wasn't use for illegal purposes
Exactly, which should be a pretty good incentive to keep people from carrying that much cash, but as you can tell from this thread, many of these people just don't give a shite. I don't think I'm going out a limb by saying you should avoid carrying this much cash, even if for perfectly legal reasons. The pros do not outweigh the cons, and I'm sure an attorney would advise similarly.
ETA: I don't side with the cops in the slightest when it comes to CAF, but I'm also not stupid enough to think it is a good idea to carry that much cash knowing how easy it is to get shafted by the law.
This post was edited on 4/25/16 at 3:54 pm
0
Posted on 4/25/16 at 3:53 pm to stlslick
quote:
U do realize, that the cops, individually get none of that cash, right?
Yep. All $46,000.00 they found goes directly to the county.
Posted on 4/25/16 at 3:54 pm to Pettifogger
quote:
Yep. All $46,000.00 they found goes directly to the county.
They found $53,000.... ohh, yeah you're right it was only $46k.
Posted on 4/25/16 at 4:03 pm to NYNolaguy1
*Waiting on OldWarSkuleAlum to come in here and defend the cops pulling this bullshite*
Posted on 4/25/16 at 4:05 pm to Darth_Vader
UPDATE: On Monday afternoon, Muskogee County District Attorney Orvil Loge dropped both the civil and criminal charges against Eh Wah. In an interview with The Washington Post, Loge said "I looked at the case and met with the officers, and determined that we would not be able to meet the burden of proof in the criminal case and in the civil case." Loge said a check for the full amount of money taken from Eh Wah will be mailed to Eh Wah's lawyers as soon as possible.
Posted on 4/25/16 at 4:10 pm to Itismemc
I hope his lawyers still sue those lying scum.
So if I use a gun to rob a bank, but I give all the money back later, it's all good?
Cool.
So if I use a gun to rob a bank, but I give all the money back later, it's all good?
Cool.
Posted on 4/25/16 at 4:10 pm to NYNolaguy1
How could they possibly prove the proceeds are from drug activity?
Posted on 4/25/16 at 4:14 pm to Strannix
quote:They can't. Eh Wah fought it so they backed right down. They just hope most people won't fight it.
How could they possibly prove the proceeds are from drug activity?
Posted on 4/25/16 at 4:16 pm to NYNolaguy1
I hope the cops that did this and the Sherrif that oversees it all die slow painful deaths and their shite children know that they were the lowest forms of trash, ones that use their power of authority to perpetuate crimes against people that put their faith in these men to protect them from having their property flat out stolen.
Let hem burn in hell for being theives.
Let hem burn in hell for being theives.
Posted on 4/25/16 at 4:17 pm to Strannix
quote:
How could they possibly prove the proceeds are from drug activity?
They don't have to. They have to prove there is a preponderance of evidence in order to take the cash in the first place, then it goes to court and the owner has to prove his innocence in order to get it back.
The problem with all of these abuse cases are how little effort it takes to overcome the "preponderance of evidence" burden of proof.
Posted on 4/25/16 at 4:19 pm to Dr RC
quote:Then maybe he should go back and sell his drugs there.
He's originally from Burma oh brilliant one.
Posted on 4/25/16 at 4:21 pm to Itismemc
quote:
UPDATE: On Monday afternoon, Muskogee County District Attorney Orvil Loge dropped both the civil and criminal charges against Eh Wah. In an interview with The Washington Post, Loge said "I looked at the case and met with the officers, and determined that we would not be able to meet the burden of proof in the criminal case and in the civil case." Loge said a check for the full amount of money taken from Eh Wah will be mailed to Eh Wah's lawyers as soon as possible.
As happy as I am that this has been cleared up, I suspect it probably had a lot to do with the national media attention. Unfortunately too many of these cases don't make it to the Washington Post.
Also, I suspect politics might have had a hand in this. There's a politician currently trying to rewrite these forfeiture laws, and he's getting massive pushback from law enforcement and DA associations (shocker). This would have thrown mode gasoline on that fire at a really inconvenient time.
Posted on 4/25/16 at 4:28 pm to NYNolaguy1
quote:
There's a politician currently trying to rewrite these forfeiture laws, and he's getting massive pushback from law enforcement and DA associations (shocker).
Law enforcement and DA associations can GTFO, but I do have some sympathy for civil asset forfeiture when it is between two private citizens. For instance, if you tried to sue Bernie Madoff for losses you incurred, you wouldn't exactly want him defending himself using those proceeds. I'm not exactly sure how you regulate that type of thing, but there are legitimate concerns in that arena.
As for CAF of funds by local, state, or federal agencies, that shite is unconstitutional.
Posted on 4/25/16 at 4:40 pm to Peazey
quote:
The policy gives the incentive for police to benefit from bad behavior. If you create a system either through business practices or legal policy that rewards people for bad behavior then there will be a trend towards bad behavior every time given a large enough group of people. It's human nature.
These policies attract bad people, it doesn't create bad people.
This post was edited on 4/25/16 at 4:41 pm
Posted on 4/25/16 at 4:57 pm to slackster
quote:
They don't have to. They have to prove there is a preponderance of evidence in order to take the cash in the first place, then it goes to court and the owner has to prove his innocence in order to get it back.
Just remember that its not just cash they can seize, but cars, boats, your house, jewelry, electronics... Anything that they suspect was either used in a crime or was the proceeds of a crime.
Not carrying cash is one way of insulating yourself, but only partially.
There was a case in Philly where a DA seized a person's house because their son allegedly sold $40 worth of drugs out of it. They evicted the homeowner and his family even prior to the hearing. My point is that using these laws, they justify taking basically anything they want, and it's your dollar that will have to pay to get it back.
Posted on 4/25/16 at 5:28 pm to NYNolaguy1
EhWah should crucify cop.
Posted on 4/25/16 at 5:53 pm to saintsfan1977
When I worked for a loan company out of their Stillwater, Ok office I got a call from a kid (20-ish) over him getting busted for a single joint out with friends. The Ponca City PD tried to seize his used beater of a car even though he and his friends were busted in FRIENDS vehicle not the one they seized.
The kid was calling from the jail so I had him get their fax number (this was around 1989-90, pre internet/smart phone available for this kinda stuff). I faxed a copy of our lien on the car as collateral for a loan. The kid drove home cuz the cops didn't want to pay us off or fight it.
Of course that was not the weirdest "drugs"/cops incident I had in that office. Hands down the FBI credit inquiry on a renewal applicant's credit report followed by a call from the FBI within 10-15 minutes of pulling the credit report takes the cake. The FBI wanted to know the reason for inquiry/application reason. Turns out the son on the father/son co-signed account was growing wacky tobaccy on Pa's farm land and some neighbors poaching game ran across it and reported it. Was like 2 weeks later the bust made the news (the phone call from FBI they said "just wait a bit, you'll see what's going on"). They took Pa's land but put son in jail.
There's a piece of land just east of Stillwater that I know for a fact the locals, state, and several Fed agencies have all tried numerous times to seize. To this day there is still a wild crop of hemp growing on it. The land was used to farm "Hemp For Victory" in WW2 when the war effort suspended the ban on hemp farming. They've sprayed it, plowed it, burned it...the hemp keeps growing back. Every time the property changed hands, for 20+ years, another attempt to seize it was filed.
The kid was calling from the jail so I had him get their fax number (this was around 1989-90, pre internet/smart phone available for this kinda stuff). I faxed a copy of our lien on the car as collateral for a loan. The kid drove home cuz the cops didn't want to pay us off or fight it.
Of course that was not the weirdest "drugs"/cops incident I had in that office. Hands down the FBI credit inquiry on a renewal applicant's credit report followed by a call from the FBI within 10-15 minutes of pulling the credit report takes the cake. The FBI wanted to know the reason for inquiry/application reason. Turns out the son on the father/son co-signed account was growing wacky tobaccy on Pa's farm land and some neighbors poaching game ran across it and reported it. Was like 2 weeks later the bust made the news (the phone call from FBI they said "just wait a bit, you'll see what's going on"). They took Pa's land but put son in jail.
There's a piece of land just east of Stillwater that I know for a fact the locals, state, and several Fed agencies have all tried numerous times to seize. To this day there is still a wild crop of hemp growing on it. The land was used to farm "Hemp For Victory" in WW2 when the war effort suspended the ban on hemp farming. They've sprayed it, plowed it, burned it...the hemp keeps growing back. Every time the property changed hands, for 20+ years, another attempt to seize it was filed.
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