Bradenton (FL) Police Department bypassing courts in forfeitures

Herald Tribune ^ | October 22. 2006 | MICHAEL A. SCARCELLA and ANTHONY CORMIER

[relee]

... They went all up in my pockets ...

Wow!

[razorback-bert]

Coming to a traffic stop near you soon.

[Hildy]

I see Vic Mackey's fingerprints on this!

[brytlea]

It would seem that the solution is a law that doesn't allow law enforcement to profit in any way from anything siezed, NOR from things like traffic ticket money. Give them a budget, period. There is just too big of a confict of interest if they can put money into their own dept.
susie

[YOUGOTIT]

When robbed was done by the kings men they were called called highwaymen. What is the modern term for robbery by the police? Using force and guns they are committing armed robbery.

[ellery]

I agree -- law enforcement should focus on public safety, not revenue generation.

[Joe Boucher]

Dreaming.
What is most road patrol other then revenue enhancement?

[Liberty Valance]

AKA value-added profit incentives.

[Joe Boucher]

Quotas?

[Ready4Freddy]

That doesn't sound real enforceable...

The police bypass the courts and confiscate money and property on the spot through a department-created form called the "Contraband Forfeiture Agreement." By signing it, a person agrees to relinquish their property to the police and waive any rights they have to try to get it back through the courts.

[etcetera]

The abuse of forfeiture laws is widespread and well documented. What was intended to take illegal profits from drug king-pins has been turned against the common citizen and made into a revenue generator.

Of course, police will protest any suggestion of ending the practice. They've gotten used to their new method of funding, and won't give it up without a court fight.

"Larceny under color of law" would be the appropriate legal phrase.

[Larry Lucido]

Check out this sh!t.

[CGTRWK]

Radzilowski defends the practice, saying a person has a right to decide how to dispose of their property.

A right to decide with, literally, a gun to their head. This is nothing less than robbery.

[Nip]

Remember that the dollar amounts are what is REPORTED.

Am I saying that the police are corrupt?

What else can you say when the local police department creates an administrative procedure that is, IMHO, in clear violation of the Constitution of the US and then dares anyone to come and get their money back?

The people or persons who wrote this administrative procedure and who signed off on it must be identified, jailed for civil rights violations, and punished . Any law enforcement officer or officer of the court system who knew of this activity and failed to report it must forfeit their jobs immediately.

Over reaction? Read your histories of Europe, Russia in the later 1910’s and Germany in the early 1930’s where administrative procedures lead to …… and remember there is no biological/mental difference between them and us.

[Enterprise]

I think this case is ripe for a Federal criminal investigation and civil rights suit for violation of rights under color of authority.

[Enterprise]

"People involved in crime are more apt to walk away from the money," the chief said. "We're not looking to take money from innocent people. We're only trying to take the make a profit out of the narcotics business."

There. Probably more accurate.

[sit-rep]

I read it at my place and commented. It is total BS. But, like the majority of todays government abuses, nothing will result, no government employees will be charged.

[dennisw]

I'll bet these forfeiture "victims" are all stupid druggies and pushers

[SauronOfMordor]

The incentive structure is poisonous. When they catch a dealer with cash, the incentive is to seize the cash, and let the dealer go, in hopes of shaking him down again in the future.

Plus, as the practice becomes common, there is temptation to just pocket the money and not report it.