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re: Texas looking to abolish asset forfeiture, run into LEO resistance
Posted on 2/2/17 at 10:51 am to NYNolaguy1
Posted on 2/2/17 at 10:51 am 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.
Tangerine incoming
0
Posted on 2/2/17 at 10:52 am to JohnnyKilroy
quote:
Let's get on it
The future begins today.
Posted on 2/2/17 at 10:52 am to Nuts4LSU
Here's some comic relief for the day...
Wisconsin Sheriff defends civil asset forfeiture, yet never acknowledges that the money is taken from people unconvicted of any crime.
LINK
I feel like I am reading a troll post on the OT.
Wisconsin Sheriff defends civil asset forfeiture, yet never acknowledges that the money is taken from people unconvicted of any crime.
quote:
For example, a drug dealer may sell drugs to a user and an arrest made of both individuals. The drugs are seized as evidence. The money is also seized as evidence, but a request will be made through the courts to also have that money forfeited. A judge must then approve the forfeiture which must also be consistent with, and be found by the judge, to be connected to the crime.
Make no mistake, this isn’t something law enforcement is able to get rich on. Rather, these forfeited funds currently must be split 50/50 when greater than $2,000 with the Wisconsin School Fund. Law enforcement agencies can only retain funds that are matched by expenses incurred.
These forfeited funds do not inflate the budgets of law enforcement agencies, but rather help to offset taxpayer costs in continuing our investigations into criminal activities. Some of the funds that Dodge County has received from civil asset forfeiture have been utilize to pay for things like equipment for K-9 squad cars, surveillance equipment, and protective equipment to keep our law enforcement officers safe.
Did you know that a vast majority of all property crimes law enforcement officers investigate are directly related to drug use and abuse? Why would we ever want to take resources away from those who are responsible for investigating these crimes? Asset forfeiture benefits everyone except drug dealers. Wouldn’t you rather have drug dealers pay for these investigations than our tax dollars?
LINK
I feel like I am reading a troll post on the OT.
Posted on 2/2/17 at 10:59 am to NYNolaguy1
quote:
Asset forfeiture benefits everyone except drug dealers. Wouldn’t you rather have drug dealers pay for these investigations than our tax dollars?
Except those funds are paying for a lot more than just the investigation. Some departments are buying anything and everything with that money.
And forget about the courts: they get a piece of the action.
Posted on 2/2/17 at 11:01 am to NYNolaguy1
quote:No kidding.
I feel like I am reading a troll post on the OT.
That money could go to ending world hunger, and it still doesn't make it right to just take someone's money whenever you feel like it with no trial or charges or anything.
Posted on 2/2/17 at 11:09 am to NYNolaguy1
Thanks for the responses gents 
Why would that happen for a civil offense? Seems rather strange.
That is f'ed up. Good luck getting it back even if you sued and won.
quote:
In fact NY was one of a handful of states that kept you incarcerated pretrial until your civil trial was over
Why would that happen for a civil offense? Seems rather strange.
quote:
only to then release you after they sold your stuff
That is f'ed up. Good luck getting it back even if you sued and won.
Posted on 2/2/17 at 11:18 am to Quatre Pot
quote:
frick your budget issues
Posted on 2/2/17 at 11:19 am to gthog61
quote:
nor have I seen the media give it any attention whatsoever
I saw a 60 Minutes on it at least...
My wife had her mind blown. She had no idea that was a thing. I-40 through Tennessee is a hotbed of unlawful CAF.
Posted on 2/2/17 at 11:30 am to idlewatcher
quote:
Why would that happen for a civil offense? Seems rather strange.
Here's the situation. You get pulled over on a traffic citation, and cop finds that you have money in your pocket (or any property of value really). He also "smells weed in the vehicle". You get arrested on distribution charges because of the suspected tainted property, and can't make bail because of the charges stacked against you. The DA then proceeds against your car, money, valuable property, etc, on civil charges but you can't defend yourself because you're in jail awaiting trial.
Often what would happen is that the charges got dropped once the civil trial was over and your stuff goes bye bye.
It's much easier to win at trial when the other person can't show up.
Quite the system.
Posted on 2/2/17 at 11:34 am to NYNolaguy1
quote:
Often what would happen is that the charges got dropped once the civil trial was over and your stuff goes bye bye.
Or, you agree to forfeit the property in exchange for the charges being dropped.
Posted on 2/2/17 at 11:37 am to LSURussian
quote:
I'm not a Republican.
i'm sorry for insulting you then with one of the worst insults ever
Posted on 2/2/17 at 11:39 am to NYNolaguy1
quote:
Here's the situation. You get pulled over on a traffic citation, and cop finds that you have money in your pocket (or any property of value really). He also "smells weed in the vehicle". You get arrested on distribution charges because of the suspected tainted property, and can't make bail because of the charges stacked against you. The DA then proceeds against your car, money, valuable property, etc, on civil charges but you can't defend yourself because you're in jail awaiting trial.
also since it's a "civil" trial, you have no right to counsel
Posted on 2/2/17 at 11:42 am to SlowFlowPro
Who presides over these hearings? I've read in some places, it's an assistant DA.
NO conflict there.
NO conflict there.
Posted on 2/2/17 at 11:43 am to FightinTigersDammit
the DA's office will have an ADA represent the state
it's more of a major institutional advantage than a conflict (as they represent the state regardless)
it's more of a major institutional advantage than a conflict (as they represent the state regardless)
Posted on 2/2/17 at 11:46 am to SlowFlowPro
Is there an actual judge present when one is trying to recover one's property, or is it just a railroad job?
Posted on 2/2/17 at 11:47 am to FightinTigersDammit
yeah b/c it's a civil suit. maybe in some states it's an administrative action and you'd get an ALJ and not a judge judge
Posted on 2/2/17 at 11:52 am to SlowFlowPro
But it's you vs. a professional?
Posted on 2/2/17 at 11:54 am to FightinTigersDammit
yes, unless you hire an attorney
this whole thing could be fixed by either requiring a conviction before seizure (which is the most rational and non-offensive policy) or making improper seizure able to be punished (awarding costs, damages, and attorneys fees for defendants who successfully win these cases)
this whole thing could be fixed by either requiring a conviction before seizure (which is the most rational and non-offensive policy) or making improper seizure able to be punished (awarding costs, damages, and attorneys fees for defendants who successfully win these cases)
Posted on 2/2/17 at 11:55 am to FightinTigersDammit
They need a super wealthy, connected, white guy to wage war on CAF.
I wish Macafee or whatever would make it his prirority. Pick an agregious case and bank roll it all the way up the court systems.
I wish Macafee or whatever would make it his prirority. Pick an agregious case and bank roll it all the way up the court systems.
Posted on 2/2/17 at 11:56 am to SlowFlowPro
quote:
his whole thing could be fixed by either requiring a conviction before seizure (which is the most rational and non-offensive policy) or making improper seizure able to be punished (awarding costs, damages, and attorneys fees for defendants who successfully win these cases)
Should be both.
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