Posted on 06/10/2016 8:20:26 AM PDT by milton23
On Thursday, Senate Judiciary Committee Chairman Charles Grassley, R-Iowa, introduced the “Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures,” or DUE PROCESS, Act. The reforms contained in Grassley’s bill would significantly alter the federal civil asset forfeiture landscape, dramatically improving the lot of innocent property owners caught up in a skewed and unfair forfeiture system.
Civil asset forfeiture laws target property, not people. As a result, no criminal charges or convictions are needed in civil forfeiture cases. Rather, the government need only prove by a preponderance of the evidence that there is a nexus between property and crime; that is, the seized cash, car, or home was somehow involved in, or derived from, criminal activity.
(Excerpt) Read more at dailysign.al ...
Hurrah!!!!!!!!!!!!!!!!!!!!!!!!!!
But how did USA ever get lawlessness enough to seize property (and money) without due process?!
That alone is USG gone completely wild and criminal.
Good, sorely needed.
Remember the guy who was stopped leaving Colorado ( marijuana state) and had his tricked-out truck virtually torn apart?
Cops were hoping to find a joint, then SEIZE THE TRUCK.
Didn’t happen—no drugs and TOO MANY COPS for one to cheat and get away with it.
Guaranteeing indigent defense for property owners.
Together, these two provisions should all but kill the practice of civil asset forfeiture. When jurisdictions figure out that seizing someone's property means they have to buy him a lawyer and bear the burden of proof, they'll be reluctant to do it.
That’s good, and needs to pass, but needs to eliminate ALL unconstitutional search and seizure.
It passed during the Reagan Administration, in a desperate attempt to dial back street crime and fight the war on drugs.
Mr. Reagan apparently had a naïve view of the integrity level of cops.
“Mr. Reagan apparently had a naïve view of the integrity level of cops.”
But then, didn’t we all! We all thought that cops and fire fighters were the “good guys!” When the truth of the matter is that they are mostly union thugs, one group with guns and the other that sits around “the house” and eats till they’re sleepy then sleeps till they’re hungry again! Oh, and thanks to their overtime scams, they all have outside businesses to enhance tbeir six-figure paychecks.
I actually think most police are honorable, but putting THIS kind of temptation in front of those who aren’t was destined to become an unmanageable problem.
Non-compliant with US Constitution. Null and void.
“Whensoever the General Government assumes undelegated owers, its acts are unauthoritative, void, and of no force”
— Thomas Jefferson
“There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.”
— Alexander Hamilton, The Federalist Papers No. 78.
“I actually think most police are honorable”
If they were “honorable,” they wouldn’t belong to a union. And FWIW, my admittedly small number of interactions with cops leaves me with the absolute notion that they see themselves as being above the laws they are suppoedly hired to enforce. They are constantly trying to find anyone and everyone doing “something wrong.” My wife told our former Chief of Police she thought that a cop could probably follow her for a few miles and find something on which he could make a traffic stop. His answer was “it would take no more than a block!”
Because initially it was only done to undesirables. After 30-plus years it's finally hitting segments of the population people care about. So now it has to stop.
bfl
Tighten up the probable cause requirements for confiscation to proof of previous felony drug convictions or evidence of contraband seized on the spot of the confiscation and you will stop a lot of this theft by law enforcement officers.
Removing the sharing provision by which any money or cars that are confiscated can to to the confiscating jurisdiction such as city police or the DEA will also cut most of this type of unlawful seizures out.
Bush, March 05, 1991 =>
Asset forfeiture laws allow us to take the ill-gotten gains of drug
kingpins and use them to put more cops on the streets and more
prosecutors in court.
In the last 5 years alone, the Justice Department shared over half a
billion dollars in forfeited assets with State and local law
enforcement.
http://bush41library.tamu.edu/archives/public-papers/2764
milton23
April 4, 2016
Read more at .....
Is the Daily Signal your blog?
That’s all you’ve ever posted from - yet, never commented on - here, since you joined.
It can, depending upon circumstances.
In this comment, an on-line publisher who initiated a thread on FR driving traffic to a website they were an originator(?) of provided excellent follow-up comment explaining what they were about.
In the future, lengthier excerpts from that source would possibly assist them in their own efforts, all things considered.
Continuation of a story's outline may need fall into first comment territory (which is a thread creator's prerogative on FR) rather than be all in the article's initial posting, but we've all long seen fairly long articles posted in full or, nearly so.
More text here may result in occupying more server space, but I don't think text info eats up all that much, not in comparison to images (much less advertisements and associated side-bars of today's typical webpages).
Watch the reactions of some individuals when you suggest that throwing people in a cage for smoking pot isn’t a great idea, and you’ll see exactly how we got in a situation where the government steals more than all other thieves combined.
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