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Holder limits seized-asset sharing process that split billions with local, state police
Washington Post ^ | 16 Jan 2015 | Robert O'Harrow Jr., Sari Horwitz and Steven Rich

Posted on 01/16/2015 2:07:39 PM PST by oblomov

Attorney General Eric H. Holder Jr. on Friday barred local and state police from using federal law to seize cash, cars and other property without proving that a crime occurred.

Holder’s action represents the most sweeping check on police power to confiscate personal property since the seizures began three decades ago as part of the war on drugs.

Since 2008, thousands of local and state police agencies have made more than 55,000 seizures of cash and property worth $3 billion under a civil asset forfeiture program at the Justice Department called Equitable Sharing.

The program has enabled local and state police to make seizures and then have them “adopted” by federal agencies, which share in the proceeds. The program allowed police departments and drug task forces to keep up to 80 percent of the proceeds of the adopted seizures, with the rest going to federal agencies.

“With this new policy, effective immediately, the Justice Department is taking an important step to prohibit federal agency adoptions of state and local seizures, except for public safety reasons,” Holder said in a statement.

Holder’s decision allows some limited exceptions, including illegal firearms, ammunition, explosives and property associated with child pornography, a small fraction of the total. This would eliminate virtually all cash and vehicle seizures made by local and state police from the program.

While police can continue to make seizures under their own state laws, the federal program was easy to use and required most of the proceeds from the seizures to go to local and state police departments. Many states require seized proceeds to go into the general fund.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; News/Current Events
KEYWORDS: assetforfeiture; ericholder; forfeiture; holder; liberty; whatshisfrnick; wod
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To: oblomov

Me too. What is the catch? THe Feds want it all? A warning from the SCOTUS?


21 posted on 01/16/2015 3:00:48 PM PST by ZULU (Je Suis Charlie. . GET IT OBAMA, OR DON'T YOU??)
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To: Ken H

” You think asset seizure is within the Fourth and Fifth Amendments? “

Obviously not. I think you misunderstand. I only object to the current Zero group acting by fiat, instead of legally protecting the rights the Constitution contains.


22 posted on 01/16/2015 3:02:20 PM PST by aMorePerfectUnion ( "I didn't leave the Central Oligarchy Party. It left me." - Ronaldus Maximus)
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To: El Cid

Yeppers. Holder and state/federal goons are still gonna grab your cash without due process. They just ain’t gonna share it with the locals.


23 posted on 01/16/2015 3:05:18 PM PST by Responsibility2nd (See Ya On The Road; Al Baby's Mom!)
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To: Star Traveler
Well, well ... one thing I back him on! I would have never thought this would happen.

Very little has happened. The Feds can still seize cash (without any evidence of a crime) and the local LEOs can too.

It's just a matter of Holder wanting to dry up some of the seized money going to local LE.

Holder and Obama don't like local LE.

24 posted on 01/16/2015 3:09:16 PM PST by FreeReign
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To: oblomov

Attorney General Eric H. Holder Jr. on Friday barred local and state police from using federal law to seize cash, cars and other property without proving that a crime occurred.

_______________________________________________

No problem. Local officials will charge Juan with any number of phony-baloney (or even real) charges. They will be STATE charges. Not federal.

He’ll plea bargain out with no time served - oh on just one condition....

The 40 large they found in his trunk? Stays seized by the LEO’s.

Honestly, I don’t see where Holder is changing a thing. He’s playing the shell game here.


25 posted on 01/16/2015 3:11:29 PM PST by Responsibility2nd (See Ya On The Road; Al Baby's Mom!)
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To: oblomov

Mail him at ecampaign@gop.com.


26 posted on 01/16/2015 3:16:34 PM PST by ZULU (Je Suis Charlie. . GET IT OBAMA, OR DON'T YOU??)
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To: oblomov

can’t have others trying to get this and so he bans local and state but the feds can do it.

This is yet another instance where he is trying to get rid of state and local laws while getting the feds more power.


27 posted on 01/16/2015 4:00:55 PM PST by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: oblomov

You can no longer use the word “pigs”, “bacon”, or “pork” when referring to Herr Holder. However, after a long and diligent search, I have come up with a good alternative - SWINE!

Wait until Obama and Holder find out about this new word. They will immediately ban its use as offensive to Moslems, meaning themselves.

Je Suis Charlie!!!


28 posted on 01/16/2015 4:02:03 PM PST by MadMax, the Grinning Reaper
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To: oblomov

I’ll be d_mned! Something I actually agree with him on!


29 posted on 01/16/2015 4:02:30 PM PST by FreeInWV (Have you had enough change yet?)
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To: oblomov

Whaaaaaat?

Did I wake up in the twilight zone?


30 posted on 01/16/2015 4:52:53 PM PST by RKBA Democrat (The uniparty: celebrating over 150 years of oligarchy and political control!)
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To: El Cid

“Eric Holder bans local police from seizing assets so the Federal Gestapo can get first dibs.”

Won’t work... Take away the goodies from the locals and it will stop.


31 posted on 01/16/2015 4:53:10 PM PST by babygene
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To: oblomov

All I’ve got to say about this, is don’t tread on me. I’m an older man, therefore I can inflict more pain on a younger man than he can on me... And I have less to loose.


32 posted on 01/16/2015 4:59:18 PM PST by babygene
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To: oblomov

First you give them the heroin, let them get addicted, then you take it away.

They got all the lower levels of LE to out grow their local funding, now every state and local law enforcement organization will be supporting the bigger federal government candidates, so they can get federal grants from higher federal taxes.

We lose again.


33 posted on 01/16/2015 5:00:53 PM PST by Born to Conserve
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To: babygene
Won’t work... Take away the goodies from the locals and it will stop.

OK, what is the racist, America-hating, commie agitator up to then?
Maybe the other posters were correct in that he is doing this as a feint, to diffuse the objections to his replacement that has a gross history of indulging in asset confiscation.

34 posted on 01/16/2015 5:18:12 PM PST by El Cid (Believe on the Lord Jesus Christ, and thou shalt be saved, and thy house...)
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To: oblomov

Wow, broken clock effect in action! Given the odds the past 6 years, it’s about time he got one right.


35 posted on 01/16/2015 5:21:56 PM PST by Caipirabob (Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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To: oblomov

Yeah. It’s probably a way to get alphabet agencies more incentive to terrorize Americans.


36 posted on 01/16/2015 8:12:43 PM PST by demshateGod (The fool hath said in his heart, There is no God.)
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To: aMorePerfectUnion

Why would you think they’d do anything? Would Barbara Boxer vote to ban abortion?


37 posted on 01/16/2015 8:14:50 PM PST by demshateGod (The fool hath said in his heart, There is no God.)
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To: oblomov

When an evil person does something that is agreeable to you, he usually has ulterior motives.


38 posted on 01/16/2015 9:41:27 PM PST by Squeako (The radicals are the wolves. The moderates are the wolves in sheep's clothing.)
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To: Secret Agent Man
They are doing this to downplay objections to Holder’s replacement in waiting, who made her career doing civil asset forfeiture. She oversaw 900 million under civil asset seizures.

This makes sense. Figures they'd replace him with somebody who loves to seize civil assets.
39 posted on 01/16/2015 10:01:25 PM PST by af_vet_rr
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To: El Cid

This a good thing. In Wisconsin there is a formula on how seized property is distributed among various units of government. If a drug arrest is made under Federal Law the Arresting Department gets to keep the assets. We find many Police Departments are using the Federal law so they can keep the spoils.


40 posted on 01/17/2015 4:02:45 AM PST by Pardeeville Liberator
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