Posted on 04/07/2021 1:49:17 PM PDT by ammodotcom
The current state of civil asset forfeiture in the United States is one of almost naked tyranny. Don’t believe us? Listen to the latest Resistance Library Podcast.
Picture this: You’re driving home from the casino and you've absolutely cleaned up – to the tune of $50,000. You see a police car pull up behind you, but you can’t figure out why. Not only have you not broken any laws, you’re not even speeding. But the police officer doesn’t appear to be interested in charging you with a crime. Instead, he takes your gambling winnings, warns you not to say anything to anyone unless you want to be charged as a drug kingpin, then drives off into the sunset.
This actually happened to Tan Nguyen, and his story is far from unique. On this episode on the Resistance Library Podcast Dave and Sam discuss the topic of civil asset forfeiture, a multi-billion dollar piggybank for state, local and federal police departments to fund all sorts of pet projects.
With its origins in the British fight against piracy on the open seas, civil asset forfeiture is nothing new. During Prohibition, police officers often seized goods, cash and equipment from bootleggers in a similar manner to today. However, contemporary civil asset forfeiture begins right where you’d think that it would: The War on Drugs.
In 1986, as First Lady Nancy Reagan encouraged America’s youth to “Just Say No,” the Justice Department started the Asset Forfeiture Fund. This sparked a boom in civil asset forfeiture that’s now become self-reinforcing, as the criminalization of American life and asset forfeiture have continued to feed each other.
In sum, asset forfeiture creates a motivation to draft more laws by the legislature, while more laws create greater opportunities for seizure by law enforcement. This perverse incentive structure is having devastating consequences: In 2014 alone, law enforcement took more stuff from American citizens than burglars did.
Wanna bet the cop that stopped Tan Nguyen was working for the casino?
You’re taking a risk anyway if you win 50k at the casino and walk out of there with it all in cash. I don’t see why you would. Personally, I’d be looking over my shoulder the entire time.
Not saying I agree with asset forfeiture. I just don’t like the example. Yes, what belongs to you should remain yours, barring the direct judgements of a court.
“civil asset forfeiture”
The main job of the Democrat party.
What could be worse than this. Corrupt cops with a license to steal.
Life is risk.
One of the major purposes of government is to minimize this sort of risk.
Our government, instead, has worked to maximize it.
The main job of the Democrat party.
~~~
Great point.
If we can’t have full blown communism with all private ownership outlawed, we can at least have virtual ownership whereby owning or transferring ownership of anything and everything is punitively taxed. Either way the administrative class have the best racket in town.
Hasn’t the GOP been the anti-drug, pro-police party?
Then next comes the tax collector.
That's how stay-at-home moms get so much in divorce. It's a great payday for them.
I would bet there is more to this story than is being told. First, the cop didn’t “forfeiture” the winnings from the guy, he stole them. You don’t just “take” money from someone, tell them not to say anything and then drive off.
For those who believe this example. There is a process by which property/cash is forfeited. The item is seized, a receipt is usually given and the item is then secured either in a police property room or if a vehicle, in a secure police facility.
The forfeiture unit opens a case against THE PROPERTY. Usually a letter sent by certified mail is sent to the person who was in possession of the property when seized. This gives the person the opportunity to make a claim for return of the property.
The prosecutor’s office is notified and a prosecutor starts a forfeiture proceeding against the property. Again, the person who was in possession is notified of the court date and then a trial is held in front of a judge who makes the determination as to whether the property is to be forfeited to the state. At no time is the property “taken” unless there is a court order signed by a judge that orders the property forfeited.
In most cases, the property seized may have been either proceeds of a criminal act or facilitated a criminal act. Those are the two ways property can be seized. If money is taken and the person makes no claim to the property, it still takes a court order for the property to be forfeited.
There was a period of time when canine units were used to sniff money to determine if there was drug residue on the cash. Those days are long gone since most US currency will cause a dog to alert. I don’t know of a judge that would award a forfeiture based on that scenario.
Forfeiture is one of those areas that most people don’t understand, take anecdotal stories as gospel and don’t bother to look deeper than the news story which is usually wrong to start out with.
Democrats seem to like doing it to the rich...
There always is! Fearmongering is not confined to the leftists and their cadres!
In 1776 the American colonies started a revolution over abuses like this. History doesn’t repeat but it rhymes. Interesting times.
Also Joe Biden is An illegitimate regime leader who led a coup.
The 1st example is not a good one, as it is clearly theft. However there are more better examples in the article they should have lead the article with instead.
Overall, though you are right, it’s the 95% of bad cops that make the other 5% look bad also.
That reasoning is some weak sauce right there. Congratulations on internalizing the attitude GOPe. Unless the government is ready prove in a court of law that the money was gained by the commission of a crime with a conviction then no American should ever explain the amount of money they have on their person. This is goddamn disgusting.
And that is what makes the process criminal, repugnant to the Constitution. Since inanimate objects have no rights the government doesn't have to be bothered with proving in court the owner of the property actually committed any crime.
Louisiana along I-10. One of the major Tv news magazines did a story on it after huge numbers of complaints. Troopers would pull over Cadillacs, etc with out-of-state tags, claim any money they had was drug money and seize all money and often the car.
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