Skip to comments.Yet another agency gets authority to seize cash that might have something to do with drugs.
Posted on 08/31/2012 8:27:56 AM PDT by Altariel
Attorney General Eric Holder has granted the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) authority, for a one-year trial period, to seize and administratively forfeit property allegedly involved in controlled substance offenses pursuant to United States Code Title 21 Chapter 13 Subchapter I Part E § 881.
21 U.S.C. § 881 is, among other things, often invoked to seize and forfeit bulk currency, where no drugs are found, on theories that the currency was furnished, or intended to be furnished, in exchange for a controlled substance.
AG Holders rulemaking announcement declared that such changes are exempt from the general notice and comment requirements because the department determined that the change does not affect individual rights and obligations.
AG Holder also declared that this rule change lacks sufficient federalism implications to warrant the preparation of a federalism summary impact statement.
Notice and comment rulemaking is not required for this final rule. Under the APA, rules of agency organization, procedure or practice,5 U.S.C. 553(b)(A), that do not affect individual rights and obligations,Morton v. Ruiz, 415 U.S. 199, 232 (1974), are exempt from the general notice and comment requirements of section 553 of title 5 of the United States Code.
These seizure laws are a complete sham. Guilty till proven innocent which is virtually impossible to do.
If one is planning on going out drinking in some locales, they would be wise to rent a car, or get a taxi, because they don’t seize property you don’t own from what I gather.
Just another way for the government to get into your bill fold IMO. I detest these seizures. They are allowed because they are considered the instrumentalities of a crime. Tell me how someone with a big bill fold is ipso facto guilty of using that in the purchase of drugs? All it takes is someone to think that is so, and it becomes official.
BTW, this is not something we can lay only at His Excellency’s feet, it has been ongoing for years.
What a country! 1930s Germany got nothing on us.. or the STazi.
I respected the Democrat party back when they cared about the Fourth Amendment (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.). Today’s progressives merely disgust me. There is no excuse for these seizures.
Good, if depressing, list you have there.
I wonder if this is aimed squarely at those who practice ‘Prepping’? Many of who own weapons of various calibers and need more stocks of ammunition therefore. Also they could be accused of hoarding and lastly they ‘probably’ keep larger than normal amounts of cash on hand in case of emergencies.
Can't put it all on the dems. Republican hands are just as dirty in the drug war.
Do you recall who was President then?
Good reads from this site:
A couple of weeks ago, I had to drive across town with $15,000 cash. There was a time when I would’ve worried about robbers. But now, I was terrified of being pulled over and the cops taking it.
I guess the robbers wear blue now.
The frog is boiled.
Many conservatives support the War on Drugs; many do so in ignorance, not realizing all the implications.
Sadly, when same laws are used against them, it may be too late. I pray their eyes are opened before that happens.
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