Posted on 08/18/2009 3:09:38 PM PDT by Library Lady
HILLSVILLE — Law enforcement officials don't just threaten to throw people acting illegally or suspiciously in prison. Prosecutors also go after the contents of their wallets or garages.
Carroll County prosecutors have implemented several such civil forfeiture proceedings in a variety of cases where suspected proceeds from drug dealing or other illegal activity — in the form of large amounts of loose cash or property — have been found.
And on some occasions, the defendants involved in the seizures haven't even been charged with a drug-related crime.
(Excerpt) Read more at galaxgazette.com ...
I’ve heard of law enforcement “arresting money” but not the person. They confiscate the money, but let the person go... LOL...
The person has a heck of a time getting the money back again..., ooops... :-)
Forfeiture has been a *boon* to law enforcement. It sure does help make up for some more cash in the works for them...
” I’m glad I don’t live in Carroll County. “
This has been going on for years at all levels of government... (”60 Minutes” ran a segment on it at least ten years ago)
They can confiscate your property without convicting - or even charging - you with a crime — just the allegation that you *might* be committing a criminal act is sufficient.
(The ‘legal fiction’, as it was explained to me, once, is that, while you might be innocent, your property is the guilty party, and property per se has no rights under the Constitution)
Thank the War On Drugs for this one....
I believe, unfortunately, that principle of the property not having due process rights was upheld by the Supremes (I’m looking at Scalia in my mind) but I admit I could be wrong or tying in memory of some other aspect of level of evidence required.
Clearly, if a person cannot be deprived of life, liberty or PROPERTY without due process, that should mean a conviction—how can you separate out the possessions as if you don’t need a conviction. You can’t compartmentalize those things and the justification employed is highly cynical and reveals the level of criminal intent in many of the so-called public servants.
Evidence and justice be damned. They’re highwaymen with badges. Just great.
The gov’t, not the suspect, should have to prove ill-gotten gains, even when a conviction has occured.
As explained to me by one Law “Enforcement” Officer;
“They’re not seizing it. They’re just holding it for you.”
Blame the War on Drugs and RICO.
How’s it differ from police simply stealing from citizens under color of law?
It isn’t.
You said — Evidence and justice be damned. They’re highwaymen with badges. Just great.
—
It is crazy... for sure. When people hear about it and realize that property can be arrested but the person let go, they can’t believe it. It doesn’t make any sense.
http://www.sciencedaily.com/releases/2009/08/090816211843.htm
Well, I figure that the money goes with the person and so if the person is not arrested or convicted then the money goes back to him... but apparently the “law” is “nuts” and it’s not seen that way...
It’s crazy.
It’s a slippery slope that Law enforcement loves to slide down.
You said — And 90% of money tests positive for the presence of cocaine.
—
Ahhh..., I can hear it now... that’s the justification for doing away with money and going cashless. No cash, but everything electronic, the government tracking everything, to make sure you’re on the “up and up” ... doncha know... :-)
Cyber Liberty: Seizing property fattens Police departments’ wallets.
“The police are addicted to the war on drugs.”
This one’s mine, but you can use it ;)
In Houston, my automobile can get a ticket, and I don’t. I just have to pay the ticket for my car.
Criminals are prosecuted under the criminal rules of procedure wherein the burden of proof is beyond a reasonable doubt. Forfeiture occurs under the civil rules where the burden is a preponderence of the evidence, as in any other civil proceeding.
A criminal prosecution may go awry for a number of reasons - usually suppressed evidence. However, evidence suppressed in a criminal case may very well be admitted in a civil proceeding brought against the property.
You said — Criminals are prosecuted under the criminal rules of procedure wherein the burden of proof is beyond a reasonable doubt. Forfeiture occurs under the civil rules where the burden is a preponderence of the evidence, as in any other civil proceeding.
—
And it’s *right there* that there’s a *gap* big enough to drive millions of dollars through using the biggest Mack truck you can drive... LOL...
Hooray for the “inventiveness” of capitalism and the legal profession — at work in our country, funding the police departments... :-)
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