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Allowing Cops To Keep Seized Loot is Unconstitutional
Associated Press ^ | Dec. 12, 2002 | John Curran

Posted on 12/13/2002 6:25:09 AM PST by Wolfie

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To: Ken H
My understanding (and igve me an example if I am wrong) is that confiscated material is held until after trial. In this article, the lady got her car back.
101 posted on 12/13/2002 10:05:34 AM PST by RedBloodedAmerican
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To: steve-b
Sorry, I don't think I should pay taxes for someone who got busted for trashing other peoples lives. Maybe some people enjoy putting up felons, but not me.
102 posted on 12/13/2002 10:06:25 AM PST by RedBloodedAmerican
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To: A2J
Oh, BTW...beating a child is not an accurate depiction of the no aggression principle of many libertarians.
To me beating a child is simply abuse, poor parenting and not being able to cope.
If you want to talk about corporal punishment, which I do agree with minimally, then talk about that. Beating a child isn't that. Spankings and beatings are two completely different beasts!
103 posted on 12/13/2002 10:07:50 AM PST by philman_36
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To: steve-b
I realized after I posted, that people might think I was talking about A2J. Actually I was thinking about a few enemies I have made being a property manager for too many years. I guess both A2J and I should keep our car windows up and doors locked.
104 posted on 12/13/2002 10:21:00 AM PST by muggs
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To: RedBloodedAmerican
Sorry, I don't think I should pay taxes for someone who got busted

Well, then I guess it's a good thing that the elves will provide supplies to the prison system and the leprechauns will dig into the pot o' gold to pay prison staff salaries.

105 posted on 12/13/2002 11:01:16 AM PST by steve-b
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To: RedBloodedAmerican
So if someone gets busted for (example) trafficking 100 keys of heroine using a boat or car, they Govt should pay for storage of the vehicles until he/she/they are out of prison?

You are assuming that they have been convicted. Fine. This is about siezing property from citizens without a conviction. In fact, exoneration in criminal court is not enough to get your property back.

106 posted on 12/13/2002 12:06:25 PM PST by Britton J Wingfield
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To: RedBloodedAmerican
"He wasn't deprived. He had it and he sacrificed it upon the altar of committing a felony and going to jail. Not much need for SUV's in Fed Pen's, is there?"

Your not real good at reading complete sentences or grasping main points are you?

107 posted on 12/13/2002 12:18:45 PM PST by Kerberos
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To: RedBloodedAmerican
My understanding (and igve me an example if I am wrong) is that confiscated material is held until after trial.

When Willie Jones, a Nashville landscaper, paid cash for an airline ticket, city police suspected him of being a drug dealer. They searched him, found no drugs, but seized the $9,000 he was planning to bring on his flight to Houston to buy shrubs for his business. It took Jones two years and a federal lawsuit to get his money back.

In 1998, the U.S. Attorney's Office in Houston seized a Red Carpet Motel, located in a high-crime area of the city. While there were no allegations that the hotel owners participated in any crimes, the prosecutor claimed that the motel deserved to be seized and forfeited because management had failed to implement all of the "security measures" dictated by law enforcement officials, such as raising room rates. After several months of bad publicity, the U.S. Attorney finally returned the motel to its owners, who were never compensated for the loss of business or legal expenses.

In 1993, Chicago police, acting on a tip from a burglary suspect, searched the family-owned Congress Pizzeria looking for stolen property. They found none. But they did find $506,231 in cash, which they promptly seized from owner Anthony Lombardo. The government later argued that it should be allowed to keep Lombardo's money because he must have been involved in narcotics trafficking since most people don't have that kind of cash lying around. It was Lombardo's burden to prove otherwise. In 1997, a federal appeals court issued a stinging criticism of the government's conduct in this case and ordered the money returned.

You might get you property back eventually, if you have the means and tenacity to sue for it. Many lose all their assest, and so do not have the means to take legal action.

108 posted on 12/13/2002 12:24:32 PM PST by Britton J Wingfield
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To: philman_36
"So what! You blow smoke out of your posterior. How you manage that with your head in there is beyond me, but you manage."

ROTFLMAO

109 posted on 12/13/2002 2:20:35 PM PST by Kerberos
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To: Wolfie
"Hold on a sec...it was her son that was busted, not her. "

Kind of impressed me that she was not on the inside loop for some reason. I also noticed that she is no longer employed in LE.

110 posted on 12/13/2002 2:23:33 PM PST by Kerberos
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To: Dead Corpse
"Keep it up. You are providing proof positive that law enforcement agencies do not hire people with above average IQ's."

There was a story a couple of years ago, in Massachusetts I think, about a guy who was not hired by the local police department so he filed a discrimination suite. The reason he was not hired and the discrimination bases of his suit? He had too high of an I.Q., a fact which was readily admitted by the police department.

A2J gives validity to that being an established practice of LE

111 posted on 12/13/2002 2:35:09 PM PST by Kerberos
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To: A2J
I did not say you are certified. I said you could be. Learn how to read.

Do you think certificates are invalid unless issued by a gov. agency? Shows a lot about your mindset doesn't it?

112 posted on 12/13/2002 10:20:02 PM PST by smoking camels
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To: Kerberos
Quite the mental image isn't it.
113 posted on 12/13/2002 11:23:28 PM PST by philman_36
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To: philman_36
Best laugh I had all day, if not all week.
114 posted on 12/14/2002 4:35:50 AM PST by Kerberos
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