Posted on 08/07/2013 7:08:09 AM PDT by SeekAndFind
The New Yorker's Sarah Stillman has a heartbreaking story out on an appalling police tactic — civil forfeiture, which lets local police departments make tons of money from taking supposed criminals' property.
Civil forfeiture is largely a product of the war on drugs. In 1984, Congress passed an omnibus crime bill that gave local police departments a cut of the assets seized during drug raids and other investigations.
Through civil forfeiture, cops can take property they believe was obtained illicitly before you're convicted of any wrongdoing in a court of law. The people whose assets have been seized then have to go to court to try to get it back, which may cost more money than the property itself.
In many cases, civil forfeiture affects poor minorities who have little recourse.
The New Yorker profiled one elderly West Philadelphia couple, Mary and Leon Adams, whose home was seized after their son allegedly sold $20 worth of pot on their porch. (They received an eviction notice but were able to stay in their home during the forfeiture proceedings because of Leon's health conditions.) They were never even charged with a crime.
Victor Ramos Guzman, a Pentecostal church secretary from El Salvador, was driving $28,500 worth of parishioners' donations to buy a new parcel of land for the church with his brother-in-law when they were stopped for speeding in Virginia.
The state trooper who stopped him seized the cash, according to The New Yorker.
Guzman only got it back with the help of David Smith, who was a high-up lawyer with the Justice Department's Forfeiture Office during the Reagan administration but now defends victims of the policy for free.
"We could prove beyond a reasonable doubt that the money was church money from parishioners’ donations,” Smith told The New Yorker.
(Excerpt) Read more at businessinsider.com ...
Well, its for the children.
well, I guess THAT explains why people sign up for a dangerous, physically demanding job where the starting base salary is generally under $30K.
The Cops Can Take Away Your Cash, Car, Or House, OR LIFE — Even If You’re Never Convicted Of A Crime........
Nothing scarier than ‘law and order’ statists.
I have never understood how this practice has survived legal challenges.
Makes the court system look like a fraud.
I remember that incident with the church money. I wondered if they ever got it back. It’s good that they did. Even cops better not piss G_d off..........
This is not new. Back during the Salem Witch Trials, once the magistrates got a “Guilty” or “Not Guilty” plea the local sheriff would then seize the person’s property.
One man accused, refused to plea and died under being tortured with heavy rocks placed on his chest. His last words were...”More weight!” His property was not confiscated as he had not made a plea.
And, our liberties and freedoms and make us prisoners in our own country.
One of the many reasons I oppose the WOD.
It has nothing to do with drugs. It’s the government showing its hatred for private property and finding a devious way to confiscate it.
See the communist manifesto.
RE: Back during the Salem Witch Trials, once the magistrates got a “Guilty” or “Not Guilty” plea the local sheriff would then seize the person’s property.
We did not have the Constitution or the Bill of Rights then. Now, we have them. What’s their excuse now?
He was driving with that much cash? If true, Victor needs to be replaced as church secretary.
All they have to say is, “I felt threatened.”........
Just like with traffic tickets, the incentive becomes to go after those with something which can be taken, and ignore those with nothing to take. The cops become bandits with uniforms.
If you can find one person here that approves of stealing folks property or money before they are convicted of anything, I’ll be shocked.
There are many law and order people here.
Don’t go wobbly on us...
Everyone is missing the point here. At least the officers got home safe to their families.
Kinda odd that the male Pentecostal church secretary from El Salvador never put the money in the bank. They must do things differently down there.
Under comrade 0bama, a Police State is for "the common good" of the proletariat!
/sarc
I hate statists.
People that think bigger government can be good if it’s ‘their’ guy/gal in charge.
Asset forfeiture laws are dumb and made to be abused.
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