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To: PapaNew
The practice of “inventory search” (see post#20) seems OK and constitutional but it should not be unreasonably difficult for an arrestee who is let go or gets bail to get his stuff back (except if he’ charged, maybe not stuff that may be criminal evidence).

I’m not sure if that’s what “Civil Asset Forfeiture” is or not.


Civil Asset Forfeiture is when the cops notice a briefcase with lots of money on your passenger seat (cause you're going to the next city over to buy a car) and they confiscate it because they think you might be dealing drugs. (Case in TX.)
Or you own a family grocery, and deposit a couple thousand each day to the bank. The feds think you're structuring (partial deposits to avoid the $10k report requirement, used by money launderers), so they get a secret warrant and drain your account for $35k. (MI case.)

In neither case is there an arrest, crime, or any evidence, the cops simply take the money and then you have to prove it wasn't used in a crime in order to get it back. Since it's money and not a person being held, there's no innocent til proven guilty thing. (Bullshit, but that's their argument.)

On the inventory search - so let's say you get pulled over for something, and arrested. Happen to match a robbery suspect description, slept in your car cause you were drunk and they didn't like that, etc etc. Wi9th no warrant to search your car, and no permission from you, they'll still go through it for the 'inventory'. What happens if they find a bunch of cash or something valuable? They may CAF it, then when you're released you have to then fight to prove it wasn't used in some other crime to get it back.
Side note - what if they find some pot or something in your car in that search? With no warrant/permission, should they be allowed to use any evidence from that against you?
54 posted on 03/21/2015 12:26:37 PM PDT by Svartalfiar
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To: Svartalfiar
[Their argument is] Since it's money and not a person being held, there's no innocent til proven guilty thing

That argument should fail in court because if the seizure wasn't based on probable cause to believe the item was associated with a crime, the seizure violates the 4th Amendment and is illegal.

what if they find some pot or something in your car in that search? With no warrant/permission, should they be allowed to use any evidence from that against you?

If it is illegal possession, then yes, because it was a valid search unless the arrest was invalid and not based on probable cause.

The concern is that 1) people don't know the Constitution, the limitations on government power, or the nature of their presumed God-given rights if not delegated to the feds by the Constitution. 2) people are not standing up for their constitutional rights but are too used to acquiescing to unconstitutional government acts because it is something called a "law" or it was done by the police.

55 posted on 03/21/2015 12:48:12 PM PDT by PapaNew (The grace of God & freedom always win the debate in the forum of ideas over unjust law & government)
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