It’s a stultifying name for a frequently abused tool in law enforcement’s arsenal. Civil asset forfeiture is the name for the state’s ability to take your stuff if they suspect it’s been used in the commission of the crime. The problem is your stuff isn’t presumed innocent, and therefore getting it back can be a nightmare from which law-abiding citizens emerge stuff-less.
The Institute for Justice, my favorite law firm for economic liberty, is suing the city of Philadelphia over its takings of property from thousands of citizens. The civil forfeiture apparatus in Philadelphia racks up $6 million a year, according to IJ.
Here’s how:
More @ Hot Air
This reminds me of when I first started listening to Neil Boortz on talk radio - he would always have a horrific story about property confiscation, such as this man who every year would buy a one-way airline ticket (I think he lived in Memphis or Little Rock) and would fly to Florida to buy $10,000 worth of house plants, rent a U-Haul truck and then sell them in the spare lot next to a gas station back in his home town. (He also happened to be African American.) Long story short, our freedom-loving Congress had just passed the forfeiture law that allows this confiscation (going after the evil drug dealers, y'know, but not really). The guy drew attention to himself by paying for his one-way ticket in cash- wasn't long before he was answering lots of questions, and everything got "federalized" very quickly. They took his money, and who knows if he ever got it back. He was never charged with any crime.
ReplyDeleteInteresting. Thanks.
DeletePlenty more where that came from having lived in Florida all those years - mainly cars, houses, boats were taken, but some cash - particularly people who were going back to visit family in Mexico and they needed to take cash. Seeing how all the major banks in south Florida were likely laundering Big drug money as were real estate companies, I feel great comfort that a guy who just wanted to buy houseplants was stopped in his tracks.
ReplyDeleteI feel great comfort that a guy who just wanted to buy houseplants was stopped in his tracks.
DeleteMe too........
This reminds me of two concepts that liberals either are incapable understanding or refuse to acknowledge; unintended consequences and mission creep.
ReplyDeleteUnintended consequences as in - Oh S--t, I never saw that coming / I never expected to that to happen.
Mission creep: you guys, who have been in the military know this one and in many cases know it up close and personal, as it has happened to you.
I know the idea of taking away the stuff from the really, really bad guys (aka drug dealers) bought with their illegal money (drug money) as a way of punishing them seems to be a "good idea". But look at what a charlie foxtrot this has morphed into- The LEOs (protect and serve) and the bosses (politicans and lawyers) have become the more dangerous and even bigger organized criminal element than the drug dealers. A drug dealer does not have state permission to violate at whim your Constitutional rights and legally steal your property and money. And legally get away with murder.
The only way in the world to stop all the problems that come from illegal drugs is to make them legal.
DeleteThe idea does have merit. But I suspect it will not due to the LEOs and all the anti-drug agencies really do NOT want it. Why? They would be out of a job, lose their reason for being, lose their power over the average citizen, lose the money for all their confiscation schemes. and the would be zero justifcation for all those uber tactical super military stuff they are getting for the "war on drugs".
DeletePrecisely,
Deletelet us not forget the really big bucks in money laundering through so-called legitimate institutions (banks, etc), places where the Big Boys/Girls play and make their hidden billions.
DeleteBy not decriminalizing such personal behavior issues plays into the Big Govt. people on both sides of the aisles who want to protect us from ourselves. Plenty of laws on the books to protect us from anyone's bad behavior out on the streets cuz they drank or snorted or shot up too much stuff.
Plenty of laws on the books to protect us from anyone's bad behavior out on the streets cuz they drank or snorted or shot up too much stuff.
DeleteReally.
I remember when these laws were being passed back in the Stone Age…pre-internet. I did write a few articles on the subject but tough to get them published. I talked to everyone that listened these laws were Unconstitutional. The Constitution clearly says.
ReplyDeleteAmendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Please explain how some dumb cop saying I think you acquired this with illegal funds amounts to Due Process. I say we take your property and now you move along down the road. If you can hire a lawyer and prove you are innocent, we will perhaps return your property unless we sold it already. No criminal charges are filed there is nothing to verify anything being seized is or was ill-gotten fruits.
The push to seize criminal’s assets began in the mid 1980s and has grown exponentially. Not only has the Supreme Court upheld this illegal practice but also continues to expand its power. It has been a banner year for the Supreme Court to trash the Fourth Amendment.
First, we have the case Fernandez vs. California, which expanded the police power of warrantless searches. Next was the case Kaley vs. United States concerning the asset seizure of their property. In this case, the police using the “ill-gotten fruits” excuse seized their assets. The police seized the Kaley home and a $500,000 certificate of deposit the couple had recently purchased in order to cover the anticipated legal expenses arising from their trial. Put differently, the government has eliminated their ability to pay their lawyer.
These laws are all unconstitutional. Yet our Supreme Court works in lockstep with those moving America to becoming a Police State.
Badger
moving America to becoming a Police State.
DeleteWe're basically there in some parts of the states.
"the Supreme Court upheld this illegal practice"
DeleteExcellent analysis, Badger - that blew my head off when that happened. Then their Kelo decision that used eminent domain to take away people's homes for private developers was shocking to me as well. With the economy crashing, nothing has been done with the property from what I heard awhile ago. Evil Evil Evil - The Obamacare crap is another nail in our country's coffin thanks to the John Roberts.
So, it really is official - all three branches of our Federal Government have gone rogue and become lawless criminal traitors.
all three branches of our Federal Government have gone rogue and become lawless criminal traitors.
DeleteCertainly traitors among them.
there are a few I won't count as traitors in Congress, but anyone who wants us to believe that this can be tweaked with new membership is more delusional than I am... which is saying something.
Deleteis more delusional than I am... which is saying something.
DeleteHa! :)
I have never figured out how you charge an inanimate object and then find it guilty. Guilt requires a conscience....did the inanimate object somehow obtain a "sane" conscience? Could it plead insanity. Is the government establishing a religion?(government animists) So many questions and absolutely no sane government answers.
ReplyDeleteExcellent points.
Delete