Allowing Cops To Keep Seized Loot is Unconstitutional

Associated Press ^ | Dec. 12, 2002 | John Curran

[Kerberos]

”Leaving aside the soundness of the War on Drugs, there are at least five excellent reasons why asset forfeiture must go:”

Unfortunately one is inextricably linked to the other. You try to get rid of forfeiture and the government screams that they can’t control drugs, and our children will be at risk, and the collapse of society will be immanent etc, etc. The same arguments that the tempest movement used, which was not valid then, and is not valid now.

[coloradan]

"We believe it's a wrong decision," said John Hagerty, a spokesman for the state Division of Criminal Justice. "Civil and criminal forfeiture is a legitimate law enforcement tool that allows police and prosecutors to take the profit out of crime."

Liar! It doesn't take the profit out of crime at all - it merely shifts it from the criminals to law enforcement. If anything, the profit should be redirected to the victims of crime, but then again, there aren't any when it comes to drugs, which is where most of the forfeiture money comes from.

[RedBloodedAmerican]

trying to stand up for individual rights

What rights would you be referring to here?

[A2J]

Her case caught the attention of the Institute for Justice, a libertarian Washington, D.C., law firm that champions individuals' rights, which took up her cause.

Figures. Libertarian lawyers don't chase ambulances, they chase the smoke from the bongs.

[A2J]

This one will certainly be overturned.

[Karsus]

If your child had a joint in your car and the police stoped him, should you car then become the property of the state?

[Kerberos]

"What rights would you be referring to here? "

Oh you know, the run of the mill ones, like not having your property unconstitutionally seized by the state.

[Free the USA]

http://www.freerepublic.com/perl/bump-list

[PhilipFreneau]

"We believe it's a wrong decision," said John Hagerty, a spokesman for the state Division of Criminal Justice. "Civil and criminal forfeiture is a legitimate law enforcement tool that allows police and prosecutors to take the profit out of crime."

What an outrageous statement! How did we allow such evil people to get into law enforcement? Asset Forfeiture fits the definition of Bills of Attainder which the Constitution specifically prohibits at both the federal and state levels. The reason for the prohibition was this: the Bloody British had the nasty habit of seizing the property of, imprisoning, and even putting to death colonists without the protection of a jury trial. I have been warning about this criminal expansion of RICO since the early 1990's. RICO, like all other unconstitutional legislation adopted for the "Common Good", "Public Safety", or the "General Welfare", begs corruption. Asset Forfeiture is tyranny! By definition it promotes arbitrary "punishment", in many cases where no crime was proven or even existed. It is a grave threat to our freedom and must be abolished and forever branded as too evil for civilized societies.

[FreeInWV]

Its hard to believe that the Libertarians and these people have common ground.

[Publius6961]

"Civil and criminal forfeiture is a legitimate law enforcement tool that allows police and prosecutors to take the profit out of crime."

In a perfect world, perhaps.
I am not paranoid, and I never have worried about being wrongly accused of anything, but...

I am increasingly aware of the high percentage of cops who never should be allowed to be in positions od authority; they are crooks.

The temptation to "set up" people is just too great a temptation, and too high a price to pay for the potential benefit to society.

Sorry.

[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?

The vehicles should be confiscated for being used in the commission of a felony and auctioned off/sold and the money donated or put back into the area of where the perp was destroying lives. But hey, I like people, so what do I know? Let these animals run wild killing people. It's the "free" thing to do.

[SirFishalot]

I'll never forget one of my old neighbors who almost had her house siezed about 10 years ago because her daughter was caught with some coke in a traffic stop. The cops came to her house and asked if they could serch the daughters room "just to make sure that the younger children in the house would be safe from coming across the dangerous drugs". The mother thought she was doing the right thing to allow the officers to make sure that the house was clean. They found 3 little bags with some powder in them and ended up charging the daughter with possesion with intent for sale because there were multiple packages. In the trial, the total amount seized was reported as 1 gram.

The daughter ended up getting convicted with simple possession and got probation for 2 years. Next thing the mother knows she gets a subpeona and notice that the State of NY was going to seize her house because it was being used for drug dealing. She had to sell just about everything to pay the bond required to fight the seizure and fortunately, her daughter's lawyer offered to help her pro bono. It took her over three years to finally get the whole thing cleared up. The minute she got the "all clear" she sold the house and moved out of NY vowing to never return.

[RedBloodedAmerican]

If your child had a joint in your car and the police stoped him, should you car then become the property of the state?

And that's fine; she got her car back. But had she been involved (I tihnk she was, but that's my opinion) then the car goes to the auction block.

[A2J]

If your child had a joint in your car and the police stoped him, should you car then become the property of the state?

That would be one of the consequences of not raising your child properly.

[coloradan]

Let these animals run wild killing people. It's the "free" thing to do.

Liar, they're killing people because it's a black market and that's the way black markets work. The free thing to do is decriminalize it - then people won't kill one another to sell or buy it, just like they don't kill one another to buy tobacco, alcohol, software, or cars. (Although they used to kill people over alcohol - during the Prohibition.) Calling the present War On (some) Drugs the "free" thing to do is as dishonest as calling Kalifornistan's energy market "deregulated," as the leftists do.

[SoCal Pubbie]

"Unfortunately one is inextricably linked to the other. You try to get rid of forfeiture and the government screams that they can’t control drugs,..."

Cars are also seized for violating prostitution statutes, so I'm not sure I'm buying that.

[coloradan]

The minute she got the "all clear" she sold the house and moved out of NY vowing to never return.

Good for her for fleeing NY, but where can she go? The War On (some) Drugs is federal.

[MileHi]

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?

That is hardly the same as getting busted for having a joint in your car or a couple plants in your house and losing your car or house. Typical WoDie hyperbolie and gross exaggeration.

The vehicles should be confiscated for being used in the commission of a felony and auctioned off/sold and the money donated or put back into the area of where the perp was destroying lives.

That is seldom the case. It goes to buy new exercise equipment for the police, or nifty new ninja outfits.

But hey, I like people, so what do I know? Let these animals run wild killing people. It's the "free" thing to do.

I guess I missed where the owner of this car had been involved in homocides. Oh, wait, you made that up. Another WoDie straw man to prop up your lame support for WoD tyranny.

[vin-one]

talk about twisting a law around,
The law orginaly was intended after conviction assets siezed as a direct result of the criminal activity should be lossed.
The cops have perverted this law, to we found a joint in your car, you lose the car.
Take the profit out of drug dealing,and other criminal activity, That is fine.
If you are convicted all ill gotten gains of said illegal activity should be siezed, not your parents car.
I have worked over 25years, to gain assest, if my kid comes home with a joint I could lose it all,
Welcome to the Socialst Republic of Amerika, commrade!!!!!!