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re: IL couple still haven't gotten truck and money stolen by cops back in 2012

Posted on 12/28/15 at 11:31 am to
Posted by Gulf Coast Tiger
Ms Gulf Coast
Member since Jan 2004
21793 posts
Posted on 12/28/15 at 11:31 am to
I see your point, but a lot of drug money is taken off the streets with this weapon. I believe though that it needs to up to the police to prove that it's drug money not up to the person who had the money.
Posted by N2cars
Member since Feb 2008
40372 posts
Posted on 12/28/15 at 11:33 am to
quote:

Attorney's often take on civil cases with no up front costs to the client. They get paid when they win


great.

So I have to give 40% of my money to lawyer to get the other 60% back?


Cops know this, too. That's why they steal in the first place.
Posted by Who Me
Ascension
Member since Aug 2011
7090 posts
Posted on 12/28/15 at 11:33 am to
quote:

Seized cash is a line item in every little shithole town's LEO budget.


I will give you this. I don't agree with a small town department that gets the greater portion of its budget from seizures. A department shouldn't have to depend on seizures to operate.
Posted by N2cars
Member since Feb 2008
40372 posts
Posted on 12/28/15 at 11:39 am to
It gets worse, and the amounts can be pretty small:

The Washington Post analyzed 400 seizures in 17 states which were examples of equitable sharing arrangements.[25] Police stop motorists under the pretext of a minor traffic infraction, and "analyze" the intentions of motorists by assessing nervousness, and request permission to search the vehicle without a warrant; however, of the 400 seizures studied by the Washington Post, police did not make any arrests.[25]


Javier Gonzalez was carrying $10,000 cash in a briefcase and got pulled over in Texas; deputies handed Gonzalez a waiver, that if he signed over the money and did not claim it later, he would not be arrested, but if he refused to sign the waiver, Gonzalez would be arrested for money-laundering.[14] Gonzalez signed the waiver wondering if the officers were real "officers of law" and wondering if he got robbed, but later sued the county, which lost, and returned his cash plus paid him $110,000 in damages plus attorney's fees.[14]
Matt Lee of Clare, Michigan was driving to California with $2,500 cash when pulled over by police in Nevada, who seized almost all of the cash under suspicion that it was a "drug run"; Lee hired an attorney who took half of his fee, leaving Lee with only $1130 remaining.[25]

I just couldn’t believe that police could do that to anyone ... It’s like they are at war with innocent people.

—?Matt Lee, interviewed in the Washington Post, 2013[25]

Tan Nguyen. In 2008, a federal judge ordered $20,000 returned to a man after police seized the money during a traffic stop in Nebraska, after reviewing a recording of the seizure in which a sheriff's deputy suggested that we "take his money and, um, count it as a drug seizure."[12] Tan Nguyen's $50,000 was confiscated by police during a traffic stop, and the county agreed to return the funds after a legal challenge.[26]
In May 2010 a couple was driving from New York to Florida and they were stopped by police because of a cracked windshield.[25] During questioning, the officer decided that $32,000 cash in the van was "probably involved in criminal or drug-related activity", seized it, shared it with federal authorities under equitable sharing.[25] The victim hired a lawyer to get back the seized money who urged settling for half of the seized amount, and after the lawyer's fees, the victim only got back $7,000.[25]

Above from Wiki
Posted by N2cars
Member since Feb 2008
40372 posts
Posted on 12/28/15 at 11:42 am to
I am generally pro-cop as I think they routinely deal with scum.

That said, when we give them the power to steal money and trample on rights, history has proven they will do just that.

They are unable and unwilling to police themselves, so we have to rein them in.
Posted by Who Me
Ascension
Member since Aug 2011
7090 posts
Posted on 12/28/15 at 11:44 am to
quote:

So I have to give 40% of my money to lawyer to get the other 60% back?



You are taking my reply out of the context as to who and what I was replying to. He was suggesting that people can't afford to hire an attorney which is bullshite. Also you can sue for the return of the illegally seized funds plus additional damages for the illegal search.

I am not defending misbehavior by a police officer. Point being that many don't even try to fight the matter in court. Usually because it's drug running money. It doesn't take a rocket scientist to figure that out.
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
74657 posts
Posted on 12/28/15 at 11:47 am to
Welcome to the police state. Does not matter if you're not doing anything illegal or not. If they don't like the way you look, or if they just get a wild hair up their arse, they can do just about anything they want to you and good luck trying to set things right again.
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 12/28/15 at 11:47 am to
quote:

I see your point, but a lot of drug money is taken off the streets with this weapon


So?

quote:

I believe though that it needs to up to the police to prove that it's drug money not up to the person who had the money.


The problem is the only way to do such a thing is to seize the cash. You can't prove money was drug money if they spend it all before trial.

I feel it's pretty black and white. Civil asset forfeiture is a scam. It's the product of the biggest scam in recent history, the war on drugs. Cops think they are doing something noble by "taking drugs off the street." As if that statement somehow gives legitimacy to to their cause. There was never any good intentions behind any of these laws. It is, and always has been, a money grab and a way for law makers/enforcers to impose their will on the people around them.
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 12/28/15 at 11:53 am to
quote:

I am not defending misbehavior by a police officer. Point being that many don't even try to fight the matter in court. Usually because it's drug running money. It doesn't take a rocket scientist to figure that out.


It doesn't take a rocket scientist to figure out that you have never been part of a law suit. It's not as simple as you make it out to be. You're little tidbit about lawyers taking on cases like this for free is complete and utter bullshite.
Posted by Gulf Coast Tiger
Ms Gulf Coast
Member since Jan 2004
21793 posts
Posted on 12/28/15 at 12:00 pm to
It is a weapon to take money from drug dealers and cartels limiting their effectiveness. You can take the profits and a lot of times it is very easy to prove that the forfeitures are drug profits. I have proven many of these cases. The problem is that you have a lot of departments who only see the dollar signs and they set up just to take money. Look on I-10. East bound cars are full or drugs, westbound the cash is headed back to Texas/Mexico. The departments that are only after the cash ignore the east bound traffic and work the west bound lanes only. These departments are only concerned with the cash and not taking drugs off the streets.

I was happy in with either because I knew that any time we got a big load of drugs or cash we had hurt the dealers.

I don't like the way a lot of departments focus on only getting cash and especially if the cash isn't really drug money. Most of the dealers don't even show up to contest the cash.

As I said earlier, the process should be a lot harder and the proof should be on the police to show that the money is drug money. I would rather err on the side of caution than take a hard working innocent person's money.
Posted by MontyFranklyn
T-Town
Member since Jan 2012
24301 posts
Posted on 12/28/15 at 12:01 pm to
quote:

The Washington Post analyzed 400 seizures in 17 states which were examples of equitable sharing arrangements.[25] Police stop motorists under the pretext of a minor traffic infraction, and "analyze" the intentions of motorists by assessing nervousness, and request permission to search the vehicle without a warrant; however, of the 400 seizures studied by the Washington Post, police did not make any arrests.[25]


Javier Gonzalez was carrying $10,000 cash in a briefcase and got pulled over in Texas; deputies handed Gonzalez a waiver, that if he signed over the money and did not claim it later, he would not be arrested, but if he refused to sign the waiver, Gonzalez would be arrested for money-laundering.[14] Gonzalez signed the waiver wondering if the officers were real "officers of law" and wondering if he got robbed, but later sued the county, which lost, and returned his cash plus paid him $110,000 in damages plus attorney's fees.[14]
Matt Lee of Clare, Michigan was driving to California with $2,500 cash when pulled over by police in Nevada, who seized almost all of the cash under suspicion that it was a "drug run"; Lee hired an attorney who took half of his fee, leaving Lee with only $1130 remaining.[25]

I just couldn’t believe that police could do that to anyone ... It’s like they are at war with innocent people.

—?Matt Lee, interviewed in the Washington Post, 2013[25]

Tan Nguyen. In 2008, a federal judge ordered $20,000 returned to a man after police seized the money during a traffic stop in Nebraska, after reviewing a recording of the seizure in which a sheriff's deputy suggested that we "take his money and, um, count it as a drug seizure."[12] Tan Nguyen's $50,000 was confiscated by police during a traffic stop, and the county agreed to return the funds after a legal challenge.[26]
In May 2010 a couple was driving from New York to Florida and they were stopped by police because of a cracked windshield.[25] During questioning, the officer decided that $32,000 cash in the van was "probably involved in criminal or drug-related activity", seized it, shared it with federal authorities under equitable sharing.[25] The victim hired a lawyer to get back the seized money who urged settling for half of the seized amount, and after the lawyer's fees, the victim only got back $7,000.[25]

Above from Wiki

Frick all of that. That is disgusting. I still think people are stupid for traveling with that much cash though.
Posted by Who Me
Ascension
Member since Aug 2011
7090 posts
Posted on 12/28/15 at 12:05 pm to
quote:

You're little tidbit about lawyers taking on cases like this for free is complete and utter bullshite.


Not free. But you are delusional if you think that all civil attorneys require an up front deposit on all of their cases. Some do. Certainly not all and certainly not on every case.
This post was edited on 12/28/15 at 12:06 pm
Posted by Who Me
Ascension
Member since Aug 2011
7090 posts
Posted on 12/28/15 at 12:08 pm to
quote:

It is a weapon to take money from drug dealers and cartels limiting their effectiveness. You can take the profits and a lot of times it is very easy to prove that the forfeitures are drug profits. I have proven many of these cases. The problem is that you have a lot of departments who only see the dollar signs and they set up just to take money. Look on I-10. East bound cars are full or drugs, westbound the cash is headed back to Texas/Mexico. The departments that are only after the cash ignore the east bound traffic and work the west bound lanes only. These departments are only concerned with the cash and not taking drugs off the streets.

I was happy in with either because I knew that any time we got a big load of drugs or cash we had hurt the dealers.

I don't like the way a lot of departments focus on only getting cash and especially if the cash isn't really drug money. Most of the dealers don't even show up to contest the cash.

As I said earlier, the process should be a lot harder and the proof should be on the police to show that the money is drug money. I would rather err on the side of caution than take a hard working innocent person's money.



All of this
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 12/28/15 at 12:12 pm to
quote:

You can take the profits and a lot of times it is very easy to prove that the forfeitures are drug profits


And what if you can't? Then all you have done is stolen money from someone.

quote:

I was happy in with either because I knew that any time we got a big load of drugs or cash we had hurt the dealers.


You didn't hurt shite. You didn't stop anything. You prevented nothing. You protected nobody. All the war on drugs has ever accomplished is lining law makers pockets. Prohibition does not work, you know this as well as I do.

quote:

As I said earlier, the process should be a lot harder and the proof should be on the police to show that the money is drug money


Of course it should be. That's the entire point of the 4th amendment. This shouldn't even be an argument. However, that is not what is happening with civil asset forfeiture.
Posted by Armymann50
Playing with my
Member since Sep 2011
22459 posts
Posted on 12/28/15 at 12:32 pm to
quote:

couple was stopped for speeding on Interstate 80


Moral of the story. Don't speed with money and guns in your car. It will be gone for sure. Cops have needs too.
Posted by MontyFranklyn
T-Town
Member since Jan 2012
24301 posts
Posted on 12/28/15 at 12:40 pm to
quote:


You didn't hurt shite. You didn't stop anything. You prevented nothing. You protected nobody. All the war on drugs has ever accomplished is lining law makers pockets. Prohibition does not work, you know this as well as I do.

Posted by MontyFranklyn
T-Town
Member since Jan 2012
24301 posts
Posted on 12/28/15 at 12:41 pm to
quote:


Moral of the story. Don't speed with money and guns in your car. It will be gone for sure. Cops have needs too.

I have never understood why people don't drive with cruise on anyways. I set that shite to 69 and let it ride
Posted by Peazey
Metry
Member since Apr 2012
25427 posts
Posted on 12/28/15 at 12:43 pm to
Play stupid games...
Posted by Peazey
Metry
Member since Apr 2012
25427 posts
Posted on 12/28/15 at 1:01 pm to
It provides a perverse incentive to the police. The incentive becomes to find rich targets to rob, not dangerous targets from which they can protect the public. It's a bad tool. The war on drugs has provided many such perverse incentives to police. I'm philosophically opposed to the entire idea of the War on Drugs though, so there's that.
Posted by Gulf Coast Tiger
Ms Gulf Coast
Member since Jan 2004
21793 posts
Posted on 12/28/15 at 1:20 pm to
quote:

You didn't hurt shite. You didn't stop anything. You prevented nothing. You protected nobody. All the war on drugs has ever accomplished is lining law makers pockets. Prohibition does not work, you know this as well as I do.


Those drugs were not taken by your kids or my kids and that money was not used to finance the cartels so yea it did hurt them, especially the local dealers who didn't have a ton of money or drugs to work with anyway.
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