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Confiscating Your Property
Townhall.com ^ | May 19, 2010 | John Stossel

Posted on 05/19/2010 7:17:43 AM PDT by Kaslin

In America, we're supposed to be innocent until proven guilty. Life, liberty and property can't be taken from you unless you're convicted of a crime.

Your life and liberty may still be safe, but have you ever gone to a government surplus auction? Consumer reporters like me tell people, correctly, that they are great places to find bargains. People can buy bikes for $10, cars for $500.

But where did the government get that stuff?

Some is abandoned property.

But some I would just call loot. The cops grabbed it.

Zaher El-Ali has repaired and sold cars in Houston for 30 years. One day, he sold a truck to a man on credit. Ali was holding the title to the car until he was paid, but before he got his money the buyer was arrested for drunk driving. The cops then seized Ali's truck and kept it, planning to sell it.

Ali can't believe it

"I own that truck. That truck done nothing."

The police say they can keep it under forfeiture law because the person driving the car that day broke the law. It doesn't matter that the driver wasn't the owner. It's as if the truck committed the crime.

"I have never seen a truck drive," Ali said. I don't think it's the fault of the truck. And they know better."

Something has gone wrong when the police can seize the property of innocent people.

"Under this bizarre legal fiction called civil forfeiture, the government can take your property, including your home, your car, your cash, regardless of whether or not you are convicted of a crime. It's led to horrible abuses," says Scott Bullock of the Institute for Justice, the libertarian law firm.

Bullock suggests the authorities are not just disinterested enforcers of the law.

"One of the main reasons they do this and why they love civil forfeiture is because in Texas and over 40 states and at the federal level, police and prosecutors get to keep all or most of the property that they seize for their own use," he said. "So they can use it to improve their offices, buy better equipment."

Obviously, that creates a big temptation to take stuff .

This is serious, folks. The police can seize your property if they think it was used in a crime. If you want it back, you must prove it was not used criminally. The burden of proof is on you. This reverses a centuries-old safeguard in Anglo-American law against arbitrary government power.

The feds do this, too. In 1986, the Justice Department made $94 million on forfeitures. Today, its forfeiture fund has more than a billion in it.

Radley Balko of Reason magazine keeps an eye on government property grabs: "There are lots of crazy stories about what they do with this money. There's a district attorney's office in Texas that used forfeiture money to buy an office margarita machine. Another district attorney in Texas used forfeiture money to take a junket to Hawaii for a conference."

When the DA was confronted about that, his response was, "A judge signed off on it, so it's OK." But it turned out the judge had gone with him on the junket.

Balko has reported on a case in which police confiscated cash from a man when they found it in his car. "The state's argument was that maybe he didn't get it from selling drugs, but he might use that money to buy drugs at some point in the future. Therefore, we're still allowed to take it from him," Balko said.

Sounds like that Tom Cruise movie "Minority Report," where the police predict future crimes and arrest the "perpetrator."

"When you give people the wrong incentives, people respond accordingly. And so it shouldn't be surprising that they're stretching the definition of law enforcement," Balko said. "But the fundamental point is that you should not have people out there enforcing the laws benefiting directly from them."

Balko is exactly right.


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; Editorial; Front Page News; US: Texas
KEYWORDS: bloodoftyrants; civilforfeiture; donttreadonme; donutwatch; jbts; lping; policestate; rapeofliberty; tyranny
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To: Glennb51
They look for fault like there was a reward for it.

There is a reward. Freedom.

61 posted on 05/19/2010 11:04:48 AM PDT by TankerKC (R.I.P. Spc Trevor A. Win'E American Hero)
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To: Joe 6-pack

“It was a little more insidious than that. The King of France was heavily in debt to the Templars. Rather than pay up, he simply had them arrested and executed.”

Happened to the Jews all the time in the middle ages. That’s why everyone was basically a serf, you didn’t really own anything your Lord did and generously rented it out to you. Same concept for communist, the state owns everything and the elite get to decide who gets what of the resources. This is were we are going and it frustrates me to no end that it’s the conservatives in both the courts and the politicians that support this kind of BS. Private property rights is one of the central pillars of a free society and once that’s destroyed we will degenerate into some kind of tyrannical form of government (already have in a lot of ways).

If you want to see how private property rights should be handled look at the old testament. Gods laws were very protective of an individuals property, no taxes on property only on what was produced by that property, redemption rights and debt forgiveness. It was very protective of the little guy and was supposed to keep the elites in line.


62 posted on 05/19/2010 11:13:32 AM PDT by trapped_in_LA
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To: allmendream
This judicial looting was started by rabid proponents of the drug war,

No. It was well underway before the drug war, look at game wardens as a typical example of drug war predecessors..

The drug war became an issue about which much of the populace was passionate enough about to an extent that further abuses could be pushed through under it's guise. Further erosion of property rights would have been attempted under some other guise were it not the drug war. Perhaps addressing child labor, or maybe human trafficking. There would have been some cause clelebre.

The founding fathers understood this tendency within government very well, and addressed it extensively in the late eighteenth and early nineteenth centuries.

63 posted on 05/19/2010 11:16:12 AM PDT by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: Gilbo_3
You are typical of many of those who lurk here. You scream to high heaven about constitutional rights and innocence until proven guilty until it comes to law enforcement. Typical hypocrite.

Why should I believe someone who is unable to at least see that not everyone in law enforcement is crooked, much like auto repair shops? One can only assume that your willingness to convict is indicative of your guilt.

Continue to overcharge and rip off the ignorant.

64 posted on 05/19/2010 11:30:34 AM PDT by Glennb51
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To: Kaslin

Right after the IRS and income taxes, pre conviction asset forfieture is the government’s biggest boot on the neck of Freedom.


65 posted on 05/19/2010 11:32:47 AM PDT by Eagle Eye (A blind clock finds a nut at least twice a day.)
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To: henkster

Asset forfeiture is also legal payola to LEOs.

The dealer knows that a new speed boat or fancy car will be part of the cost of doing business in say, Broward County, and will just include that in the package so that the LEOs will be too busy to catch the real shipments, if you know what I mean.


66 posted on 05/19/2010 11:35:38 AM PDT by Eagle Eye (A blind clock finds a nut at least twice a day.)
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To: Glennb51

Your problem on this thread is that the law has become the enemy of American Freedom and thus the agents of law enforcement become enemies as well, whether they deserve it or not.

If you don’t like it then you should be helping to lead the charge against BS traffic law, coerced vehicle searches, asset forfeiture, etc etc. and each cop who smirks when he says that he doesn’t write the law, he just enforces it.


67 posted on 05/19/2010 11:40:47 AM PDT by Eagle Eye (A blind clock finds a nut at least twice a day.)
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To: Still Thinking
"Failure to pay property tax is about the one time that I could see a asset forfeiture being justified. The crime has already been committed, and they're not seizing the house because the house did something wrong, like the absurd way they justify the other forfeitures of unrelated goods; they're going to sell the house to get money you already owe them."

What crime? Refusing to pay a yearly rent on property one already owns?

My family owned two nice farms free and clear. They owned all of land, the machinery and implements, everything free and clear. Corporate farming interests came into the area and decided that those two farms would make nice additions to their holdings. My family refused to sell the farms that had been in our family since the 19th century, several generations by this time (early 1970s). So, their legal suits got together with the local government types and decided to raise the taxes and unfairly assess the value of everything on the farms. Eventually, the taxes were more than our family could afford to pay and the properties were seized, then auctioned off to pay the "taxes." Guess who bought those farms? Cargill owns those beautiful farms now. Tell me exactly how that was right and how people should be assessed a yearly tax to use the property they already own.

68 posted on 05/19/2010 11:44:42 AM PDT by ronnyquest (There's a communist living in the White House! Now, what are you going to do about it?)
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To: Still Thinking

Property siezure for back taxes is simply immoral.

It proves that there is no such thing as Private Property, that all property *belongs* to the government and if you don’t pay them the proper royalties they will take the property from you.

Total absolute BS.

Our Founders should be ashamed of us.


69 posted on 05/19/2010 11:49:33 AM PDT by Eagle Eye (A blind clock finds a nut at least twice a day.)
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To: Eagle Eye

Bookmark bump


70 posted on 05/19/2010 12:01:12 PM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !! Â)
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To: Hacklehead
This kind of outrage has been going on for a decade or more in some locations.

It has been widespread on the federal level since the Reagan Administration, as part of the "war on drugs." But the legal principle goes back to the very First Congress, in 1789, which passed a law allowing fofeiture of a ship used in smuggling (evasion of customs duties), regardless of whether the owner of the ship knew about smuggling.

71 posted on 05/19/2010 12:04:57 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Eagle Eye

“Our Founders should be ashamed of us.”

They would indeed but not for property taxes which they were all for. This was a carry over from Europe where it was quite common at that time. I would love to see the outlawing of property taxes because you are right, we are just renters to the government when they can seize our homes for unpaid taxes. Never happen though. There are too many that believe that we don’t pay enough of our “fair share” and too many that are already sucking at the government tit. Property owners are the minority now so it’ll probably only get worse.


72 posted on 05/19/2010 12:08:47 PM PDT by trapped_in_LA
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To: Eagle Eye
Property siezure for back taxes is simply immoral. It proves that there is no such thing as Private Property, that all property *belongs* to the government and if you don’t pay them the proper royalties they will take the property from you. Total absolute BS. Our Founders should be ashamed of us.

Every State has had property taxes since 1776. The federal government even imposed property taxes to pay for the War of 1812.

73 posted on 05/19/2010 12:09:04 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: TankerKC

RE: “Here in California cops can easily make $150K...before overtime and extracurriculars.”

************

Here in my area of L.A. we have neighborhood meetings with our ‘senior lead officer’ for this area. More than once he has encouraged us all to call in, ask questions, report possible crimes, etc.

He said, “We are paid very well for our services and you deserve whatever time it takes us to handle your concerns.” He went on to explain that his wife is also an officer, and that he has a nice house and a boat, and anyone who thinks LAPD officers should be pitied is wrong.

And yes, add in overtime and the rich benefits they get, and they are not hurting financially.

This particular officer, I’m fairly sure, would not be stealing someone’s stuff, but you never know, do you?
Most of my dealings with officers have been fine but no one has had to come into my house to collect illegal drugs or anything, either.


74 posted on 05/19/2010 12:16:25 PM PDT by CaliforniaCon
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To: Lurking Libertarian; trapped_in_LA

Ya ever hit “post” and know that you just said some stuff that wasn’t factually correct?

Yep, I did it....again!

Property taxes have been in place all along. Still doesn’t make it right to confiscate a home over unpaid taxes. There are other ways to get that money if the money is truly the issue. And if it was truly the issue then confiscation wouldn’t be a problem imo.


75 posted on 05/19/2010 12:46:32 PM PDT by Eagle Eye (A blind clock finds a nut at least twice a day.)
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To: Smokin' Joe
I recall a time when the police would give someone a ride if they were polite and had had too much to drink, and to their home--not the station. Or, if in the officer's judgement you were reasonably capable, they would follow you home to make sure you arrived okay.

There's too much liability now days for cops to do this. Any crime that a drunk commits even well after seeing the drunk home can be grounds for a bankrupting lawsuit against the officer

76 posted on 05/19/2010 1:23:51 PM PDT by Ajnin
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To: Ancesthntr

I have wondered since Day 1 how a cop could afford 2 fairly new Mercedes...

**********

It’s very possible that he’s corrupt, but there are so many other reasons for his apparent wealth that you really can’t make the assumption that he is.

His wife may earn good money.

They may have had a large inheritance.

They may have won a lottery, or hit it big in Vegas, or done well playing the stocks.

He may have had different high-paying job before he became a cop.

They may have sold a house at the top of the peak prices for a huge profit.

Ask him where he bought the cars. If he got them at the local police auction for seized goods (you know, the one they advertise in microscopic print in the back of the newspaper), then you know he and his colleagues are likely personally profiting from these laws.


77 posted on 05/19/2010 1:43:04 PM PDT by Hepsabeth
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To: allmendream

How ignorant of history do you have to be before you put complete trust in ANY part of government. Government is power and very few people are able to handle power and not abuse that power. Even though a person may believe that he is incorruptible and is doing everything in the best interests of the citizens he is supposed to serve he may in fact be acting in the same manner as a common criminal. Some people have a nearly infinite capacity for self-delusion, they will swear to be acting for the good of all while they loot and plunder the whole community for their own benefit.


78 posted on 05/19/2010 1:52:54 PM PDT by RipSawyer (Trying to reason with a leftist is like trying to catch sunshine in a fish net at midnight.)
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To: CitizenUSA

It is just one example of all that is being done in blatant violation of the constitution. I still maintain that the United States constitution is NOT difficult to interpret, even though more than two hundred years have passed since it was written. Any part that may seem tough can readily be understood by a little study of related documents. Imagine if government at all levels were to suddenly be cut back to those functions actually intended by the writers of the constitution. The great bulk of government would shut down and millions of federal, state and local government employees would be out of work.

We have reached the point that the federal government no longer bothers to make a pretense of abiding by the constitution except in the rare case where they want to do something that actually IS authorized by the constitution.


79 posted on 05/19/2010 1:59:51 PM PDT by RipSawyer (Trying to reason with a leftist is like trying to catch sunshine in a fish net at midnight.)
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To: Glennb51
wow inspector, the civil service test scores for garbage man mustve been too high...

if ya had any integrity, youd have acknowledged my attempt to give ya credit, rather than going all blueline and circlin the wagons with a broader brush than yourself...

have you stopped beating yer wife and smokin the evidence yet ???

80 posted on 05/19/2010 8:22:59 PM PDT by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
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