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re: Sessions: No need to reform civil forfeiture rules ...

Posted on 11/18/16 at 11:03 am to
Posted by Vito Andolini
Member since Sep 2009
1879 posts
Posted on 11/18/16 at 11:03 am to
Easy, if you are worried about civil forfeiture, quit selling drugs.
Posted by UGATiger26
Jacksonville, FL
Member since Dec 2009
9044 posts
Posted on 11/18/16 at 11:03 am to
quote:

Sen. Jeff Sessions (R-Ala.) opposed any reform, saying he has heard from police groups across the country who said civil-asset forfeiture is an important law enforcement tool.


Oh, well I guess that settles it then.

After all, it would be hard to imagine them saying:

"Jeff, we keep seizing people's money and property and using it for profit. You've got to stop us!!!"
This post was edited on 11/18/16 at 11:04 am
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 11/18/16 at 11:05 am to
quote:

Easy, if you are worried about civil forfeiture, quit selling drugs.

you don't have to commit any crimes to have your property seized

you do know that, right?
Posted by boogiewoogie1978
Little Rock
Member since Aug 2012
16973 posts
Posted on 11/18/16 at 11:07 am to
And yet Republicans want smaller government. Lol.

This sustains the agency and grows it at the same time. The hypocrisy.

Legalizing it would shrink government and increase revenue. Isn't that the basis of the Republican platform?
Posted by zatetic
Member since Nov 2015
5677 posts
Posted on 11/18/16 at 11:07 am to
quote:

Now who do you think that is?


You do realize by sheer numbers that would be white people.

But no, typically civil forfeiture preys on the criminals. I'm not saying abuse doesn't happen. The IRS went ham on the Tea Party groups/people in those groups afterall. Up in Wisconsin the democrats abused the shite out Walker supporters with their prosecuting attorneys. But on the whole, civil forfeiture hits criminals.

A great way to avoid civil forfeiture is to not break the law because the vast majority of people hit with civil forfeiture have broken the law to get a cop's attention.

If any reform needs to happen it is on an expedient way to get your money back when the abuse/mistake happens. That part is broken and needs reform.
Posted by MSMHater
Houston
Member since Oct 2008
22775 posts
Posted on 11/18/16 at 11:07 am to
quote:

Easy, if you are worried about civil forfeiture, quit selling drugs.


A simple google search would sufficiently tell you just how fricking retarded that statement is.

So I won't.
Posted by Vito Andolini
Member since Sep 2009
1879 posts
Posted on 11/18/16 at 11:08 am to
Geaux Tigers!

This post was edited on 11/18/16 at 11:09 am
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 11/18/16 at 11:10 am to
quote:

A great way to avoid civil forfeiture is to not break the law because the vast majority of people hit with civil forfeiture have broken the law to get a cop's attention.

the average American commits like 3 felonies a day

quote:

If any reform needs to happen it is on an expedient way to get your money back when the abuse/mistake happens. That part is broken and needs reform.

allowing this avenue would basically eliminate the whole point of CAF. it only works b/c it's so easy to steal and so hard to fight
Posted by OMLandshark
Member since Apr 2009
108397 posts
Posted on 11/18/16 at 11:13 am to
Great to see we're replacing the worst Attorney General in history with someone who can compare.
Posted by Bjorn Cyborg
Member since Sep 2016
26776 posts
Posted on 11/18/16 at 11:14 am to
quote:

the average American commits like 3 felonies a day


Link?

I mean, I probably commit more, but wondering about other people.
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 11/18/16 at 11:15 am to
Eric Holder was worse than Lynch. Not by much... but he was probably the worst AG of all time.

Sessions seems like he won't be much better than either though.
Posted by GumboPot
Member since Mar 2009
118782 posts
Posted on 11/18/16 at 11:16 am to
Why haven't CAF laws been scaled back through the courts? They seem unconstitutional.

This post was edited on 11/18/16 at 11:23 am
Posted by 14&Counting
Eugene, OR
Member since Jul 2012
37631 posts
Posted on 11/18/16 at 11:16 am to
quote:

A great way to avoid civil forfeiture is to not break the law because the vast majority of people hit with civil forfeiture have broken the law to get a cop's attention.


No one is suggesting CF doesn't serve a purpose but there should be due process.
Posted by zatetic
Member since Nov 2015
5677 posts
Posted on 11/18/16 at 11:17 am to
quote:

the average American commits like 3 felonies a day


I can't imagine that is correct. Not saying you are wrong but felonies are pretty big. I'd readily believe misdemeanors.

quote:

allowing this avenue would basically eliminate the whole point of CAF. it only works b/c it's so easy to steal and so hard to fight


Except criminals wouldn't get their money back. People like drug dealers and pimps/sex workers would have no way to get it back still. So when cops do it unjustly or off bad intel it gets returned. Then while being inconvenient it could still be good system. If a cop does it too many times against innocent people then there should be punishment of that cop and/or district (if district wide practice).
Posted by DupontsCircle
Dupont Circle
Member since Jun 2016
5823 posts
Posted on 11/18/16 at 11:18 am to
Melt much broseph?
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 11/18/16 at 11:19 am to
Allow fortfeiture on arrest. Feds will allow the seized funds to be used to pay for legal defense. If you aren't convicted the funds are returned. If you are convicted then good bye.

Much better than the current system and still punishes criminals.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 11/18/16 at 11:21 am to
quote:

I can't imagine that is correct. Not saying you are wrong but felonies are pretty big.

the amount of felonies, especially in how vague they are, is even bigger

LINK

quote:

Except criminals wouldn't get their money back.

except they would in some situations

plus the ADs/LEO would have to use resources to defend their actions

then all the bad publicity that will come. the worst thing LEO/prosecutors can do is falsely prosecute an innocent local

the risk/cost ends up making it a bad proposition pretty quickly

that's why they've rigged the system SO BAD
Posted by GumboPot
Member since Mar 2009
118782 posts
Posted on 11/18/16 at 11:22 am to
Again, why haven't CAF laws been scaled back through the courts? They seem unconstitutional.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 11/18/16 at 11:23 am to
quote:

Allow fortfeiture on arrest. Feds will allow the seized funds to be used to pay for legal defense

as a side note, i hope people realize the USSC recently ruled that seized funds cannot be used to pay for a legal defense

so the government can literally take all of your money, detain you without bond, and then deny you the ability to pay for your own defense (adding more cost to the public), all months before you can even begin to defend yourself
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 11/18/16 at 11:24 am to
quote:

Again, why haven't CAF laws been scaled back through the courts?

lots of shitty caselaw eroding the 4th Amendment to support the WOD, for one

lots of shitty caselaw expanding the power of fedgov, generally. Congress now has a VERY broad brush to do as it wishes with USSC approval
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