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The government can take your stuff [civil asset forfeiture]
Yahoo News ^ | 11/7/2021 | Kevin Wagner

Posted on 11/07/2021 4:54:07 AM PST by markomalley

Q: Can the government take your property without a conviction? How is that legal?

Civil forfeiture is when the government seizes the money, homes and cars of people engaged in criminal activity. The money is mostly used to boost the budget of law enforcement agencies. Historically, civil forfeiture was used infrequently until it was developed as a tool in the war on drugs in the 1980s. It expanded in use to seizing the cars of intoxicated drivers, or the proceeds from activities ranging from illegal gambling to securities fraud.

The reason this is legal is that, while people have constitutional rights, property does not. Taking property without a criminal conviction is possible because the government is proceeding “in rem” against the property and not the individual. The resultant burden for the government to seize property is lower than it would be to convict an individual. The key is whether the property is sufficiently connected to a criminal activity. People can contest the seizure but this can take time, money and a legal hearing with no guarantee that the property will be returned.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Miscellaneous
KEYWORDS: assetforfeiture; civilassetforfeiture; civilforfeiture
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Among the long list of things that need to be fixed is civil asset forfeitures.
1 posted on 11/07/2021 4:54:07 AM PST by markomalley
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To: markomalley

In the future, you will own nothing. And you will be Happy.
And the government can always take the stuff that you don’t really have. And that will make you Happy too.


2 posted on 11/07/2021 4:56:34 AM PST by ClearCase_guy (Alec Baldwin has killed more people than the Jan 6 protesters. And he will serve less jail time.)
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To: markomalley

4th Amendment certainly does prohibit seizure.
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,...”


3 posted on 11/07/2021 5:05:18 AM PST by BuffaloJack (Socialism always ends in concentration camps and murder.)
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To: markomalley

Does the fact that this is on YahooNews tell you anything?

The enemy telegraphing it’s intent?


4 posted on 11/07/2021 5:05:42 AM PST by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: markomalley

(from an email):

Dinner at the White House - a parable
by Richard Gleaves

Once upon a time, I was invited to the White House for a private dinner with the President. I am a respected businessman, with a factory that produces memory chips for computers and portable electronics. There was some talk that my industry was being scrutinized by the administration, but I paid it no mind. I live in a free country. There’s nothing that the government can do to me if I’ve broken no laws. My wealth was earned honestly, and an invitation to dinner with an American President is an honor.

I checked my coat, was greeted by the Chief of Staff, and joined the President in a yellow dining room. We sat across from each other at a table draped in white linen. The Great Seal was embossed on the china. Uniformed staff served our dinner.

The meal was served, and I was startled when my waiter suddenly reached out, plucked a dinner roll off my plate, and began nibbling it as he walked back to the kitchen.

“Sorry about that,” said the President. “Andrew is very hungry.”

“I don’t appreciate...” I began, but as I looked into the calm brown eyes across from me, I felt immediately guilty and petty. It was just a dinner roll. “Of course,” I concluded, and reached for my glass. Before I could, however, another waiter reached forward, took the glass away and swallowed the wine in a single gulp.

“And his brother Eric is very thirsty.” said the President.

I didn’t say anything. The President is testing my compassion, I thought. I will play along. I don’t want to seem unkind.

My plate was whisked away before I had tasted a bite.

“Eric’s children are also quite hungry.”

With a lurch, I crashed to the floor. My chair had been pulled out from under me. I stood, brushing myself off angrily, and watched as it was carried from the room.

“And their grandmother can’t stand for long.”

I excused myself, smiling outwardly, but inside feeling like a fool. Obviously I had been invited to the White House to be sport for some game. I reached for my coat, to find that it had been taken. I turned back to the President.

“Their grandfather doesn’t like the cold.”

I wanted to shout- that was my coat! But again, I looked at the placid smiling face of my host and decided I was being a poor sport. I spread my hands helplessly and chuckled. Then I felt my hip pocket and realized my wallet was gone. I excused myself and walked to a phone on an elegant side table. I learned shortly that my credit cards had been maxed out, my bank accounts emptied, my retirement and equity portfolios had vanished, and my wife had been thrown out of our home. Apparently, the waiters and their families were moving in. The President hadn’t moved or spoken as I learned all this, but finally I lowered the phone into its cradle and turned to face him.

“Andrew’s whole family has made bad financial decisions. They haven’t planned for retirement, and they need a house. They recently defaulted on a subprime mortgage. I told them they could have your home. They need it more than you do.”

My hands were shaking. I felt faint. I stumbled back to the table and knelt on the floor. The President cheerfully cut his meat, ate his steak and drank his wine. I lowered my eyes and stared at the small grey circles on the tablecloth that were water drops.

“By the way,” He added, “I have just signed an Executive Order nationalizing your factories. I’m firing you as head of your business. I’ll be operating the firm now for the benefit of all mankind. There’s a whole bunch of Erics and Andrews out there and they can’t come to you for jobs groveling like beggars.”

I looked up. The President dropped his spoon into the empty ramekin which had been his creme brulee. He drained the last drops of his wine. As the table was cleared, he lit a cigarette and leaned back in his chair. He stared at me. I clung to the edge of the table as if were a ledge and I were a man hanging over an abyss. I thought of the years behind me, of the life I had lived. The life I had earned with a lifetime of work, risk and struggle. Why was I punished? How had I allowed it to be taken? What game had I played and lost? I looked across the table and noticed with some surprise that there was no game board between us.

What had I done wrong?

As if answering the unspoken thought, the President suddenly cocked his head, locked his empty eyes to mine, and bared a million teeth, chuckling wryly as he folded his hands.

“You should have stopped me at the dinner roll,” he said.


5 posted on 11/07/2021 5:19:13 AM PST by daniel1212 ( Turn to the Lord Jesus as a damned+destitute sinner, trust Him to save + be baptized + follow Him!)
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To: Texas Fossil

It’s the commies of Yahoo. Firing a warning shot and attempting to propagandize people into believing this is a reality. May as well hand your stuff over now. Total BS


6 posted on 11/07/2021 5:19:34 AM PST by albie
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To: markomalley

Saying that “property does not have civil rights” is a dodge to circumven the owners of the property do and they have a right to their property. All civil asset forfeiture should be done away with and if there are any fines or forfeitures they must be limited to what statute provides for and only AFTER conviction for a particular related crime.

You don’t fix tyranny, you get rid of it.


7 posted on 11/07/2021 5:31:54 AM PST by Rurudyne (Standup Philosopher)
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To: BuffaloJack

The Left no longer recognizes the limits placed on government by the Constitution. They are a domestic enemy of the Constitution, and unless they are utterly defeated and the worst of them tried, convicted, and hung by the neck until dead, our life here will continue to get worse and worse until they try to herd us into camps and murder us.


8 posted on 11/07/2021 5:32:22 AM PST by backwoods-engineer (But what do I know? I'm just a backwoods engineer.)
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To: BuffaloJack

The government is corrupt and lawless, for the Federal does not observe the Law that authorizes its existence but exercises Arbitrary government.


9 posted on 11/07/2021 5:33:40 AM PST by Rurudyne (Standup Philosopher)
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To: markomalley

So Yahoo is for the government stealing money and property from individuals.

The government has the power, but not the right, to steal money and property. There is no proceeding against property. Law is for humans, not things.

The current state of affairs means that you do not really own anything. The government just allows you to take posession of it and to pay the taxes on it. It can show you at any time that it is really the government that owns your property and money.


10 posted on 11/07/2021 5:38:27 AM PST by I want the USA back (The left hates "Let's Go Brandon!" Plaster it all over. Shout it from the rooftops!)
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To: markomalley
Taking property without a criminal conviction is possible because the government is proceeding “in rem” against the property and not the individual.

How soon before this is done to the unvaxxed?

Or parents that stand up and speak out at school board meetings?

To the government, they are criminals and domestic terrorists.

11 posted on 11/07/2021 5:42:03 AM PST by Bon of Babble (Rigged Elections have Consequences)
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To: Texas Fossil

The left always does.

Watch carefully what they do and listen carefully to what they say.


12 posted on 11/07/2021 5:44:59 AM PST by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith)
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To: metmom

Yes, and believe nothing they “say”.


13 posted on 11/07/2021 5:58:01 AM PST by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: BuffaloJack

This is why I don’t understand why this was not ruled unconstitutional decades ago.


14 posted on 11/07/2021 6:01:07 AM PST by Chicory
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To: daniel1212

Bkmk


15 posted on 11/07/2021 6:04:02 AM PST by kelly4c
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To: Texas Fossil

Never believe anything until it had been officially denied.


16 posted on 11/07/2021 6:16:39 AM PST by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith)
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To: markomalley

Everything you have is an appurtenance to wealth and is taxable up to 100% of it’s value based on court case law Glenshaw glass. not a real law.


17 posted on 11/07/2021 6:31:37 AM PST by kvanbrunt2
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To: metmom

Yes. They lie. The Left MUST LIE, if they told the truth, no one would ever elect them.


18 posted on 11/07/2021 6:33:04 AM PST by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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19 posted on 11/07/2021 6:35:33 AM PST by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: markomalley

Forfeiture Endangers American Rights.

https://fear.org/


20 posted on 11/07/2021 7:28:46 AM PST by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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