Posted on 11/14/2014 6:45:04 PM PST by george76
SANTA FE, N.M. — The city attorney of Las Cruces says increasingly broad interpretations of civil forfeiture laws could be “a gold mine” for authorities across the country to seize things such as expensive cars and even people’s homes.
But his remarks during a seminar filled with local government and law enforcement officials — made with an amiable bemusement that bordered on glee — were caught on tape and have turned into a gold mine for critics who say the laws turn the justice system on its head and encourage authorities to see the personal property of private citizens as a one big money grab.
“Law enforcement officials and public officials are supposed to be about the fair and impartial administration of justice,” said Scott Bullock, senior attorney at the Institute for Justice. “But when you give people bad incentives such as what you see in civil forfeiture laws, you get what you see in these videos where people are looking for opportunities to make money rather than to pursue justice.”
...
Civil asset forfeiture allows the government to seize personal property that has ties to alleged criminal activity even before any guilt is decided — or even if no charges have been filed or an any arrests made.
“In civil forfeiture, there is no need to convict or even charge a property owner with a crime for that owner to lose his car, his cash, his home or other types of property,” Bullock said in telephone interview with New Mexico Watchdog. “And that’s what makes civil forfeiture so outrageous and dangerous.”
It can also mean big money. One Justice Department program collected $4.3 billion in fiscal year 2012.
(Excerpt) Read more at watchdog.org ...
I predict a sharp increase in the price of rope.
If only that wasn’t just talk. There might actually be reform.
Loretta E. Lynch : the AG Nominee seized $904 Million in Private Property through Civil Asset Forfeiture in Fiscal Year 2013. ... policing for profit.
Public attorneys, starting with H0lder and going on down are George III’s revenge.
Not even then &mdash the Fifth Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.Taking something without trial like this is theft and calling it a spiffy name "Civil Asset Forfeiture" does not negate that, nor does having it codified in 'law' make it part of due process.
Maybe we need to bring back private prosecution, in addition to the Grand Jury's usage of Presentments.
“The city attorney of Las Cruces says increasingly broad interpretations of civil forfeiture laws could be “a gold mine” for authorities across the country to seize things such as expensive cars and even people’s homes.”
This isn’t rocket science. Elect a pro-2nd amendment, constitutional sheriff in your county, and the big city Nazis won’t be seizing anything. The elected sheriff can meet any SWAT team with his SWAT team. (This is happening around the country but is not being reported by the propaganda press,) In addition, an elected sheriff can muster a 2,000 man armed auxiliary deputy force for “emergencies.”
bfl
I really need to write a letter to my Senators on this one.
It does seem to be very difficult to bring criminal charges against public officials.
Hmm turn people into criminals and steal their toys so you can have them or sell them and pocket the funds. That sounds like our goverment tax dollars at work all right...
Note also, the money is not simply going to the government agencies’ budgets. They are paying bounties to the officers who seize the assets!
NM Ping (Although I guess most of us heard this already)
Thanks, LegendHasIt.
"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://bushlibrary.tamu.edu/research/public_papers.php?id=2764&year=1991&month=3
If they seize all your money, they can leave you unable to make bail, unable to hire an attorney to fight for your rights. I know somebody that happened to.
CWII Spark Ping — Yes, it’s another article covering Civil Asset Forfeiture; such thievery does make people angry, angry enough to strike back.
It’s Wild West Justice...
No. This crap wouldn’t had stood in the Wild West.
Medieval England with disarmed peasants is more like it.
Robin Hood earned his street cred returning seized property to the rightful owners.
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