Posted on 03/29/2016 6:12:44 AM PDT by NRx
The Justice Department today announced that it is resuming a controversial practice that allows local police departments to funnel a large portion of assets seized from citizens into their own coffers under federal law.
The "equitable-sharing" program gives police the option of prosecuting asset forfeiture cases under federal instead of state law. The Justice Department had suspended payments under this program back in December, due to budget cuts included in last year's spending bill.
"In the months since we made the difficult decision to defer equitable sharing payments because of the $1.2 billion rescinded from the Asset Forfeiture Fund, the financial solvency of the fund has improved to the point where it is no longer necessary to continue deferring Equitable Sharing payments," spokesman Peter J. Carr said.
Asset forfeiture is a contentious practice that lets police seize and keep cash and property from people who are never convicted — and in many cases, never charged — with wrongdoing. Recent reports have found that the use of the practice has exploded in recent years, prompting concern that, in some cases, police are motivated more by profit and less by justice.
(Excerpt) Read more at washingtonpost.com ...
Seizing cash, cars, etc., never filing any charges against the owner, then forcing the owner to prove that the property is not proceeds from illegal activity turns our justice system on its head with a 'guilty until proven innocent' approach.
How SCOTUS upheld this practice I'll never understand.
Inequitable corruption.
My problem with it is the fact that it should only be seized and then must be adjudicated before claiming said spoils. That adjudication should be one that is performed in a reasonably quick manner, and not a long drawn out process.
I personally do not have a problem with the taking of ill gotten gains by true criminals engaging in criminal activity. It is when assets are seized due to appearance only with zero proof of obtaining ill gotten gains by means of a criminal activity.
I remember reading a story here on FR years ago where a little old lady had her house seized because her punk grandson was selling drugs out of her house without her knowledge.
That is one of many horror stories regarding this law. In addition to the one you mention I recall the black landscaper who was traveling south (Texas?) to buy the plants he uses in his business. He pays cash and had that cash taken from him, no evidence, no trial just simply stolen under cover of law.
Frankly, I was amazed they stopped. We are under the control of a Criminal Government of thugs, rapists, killers, mafia-dons, animals, destroyers, racists, and extraordinarily evil men. Period.
America is long-dead. We are the Soviet Americas.
Because SCOTUS is part of the Criminal Government of the Soviet Socialist States of America.
On that, My FRiend, we are in agreement.
Because some of our revered "conservatives" were actually authoritarians and not conservatives at all.
Robin hood was about the government becoming highway robbers and an uprising against that. Not the socialist clap trap about "rob from the rich give to the poor" message they perverted it to.
Robin hood was returning property stolen BY a government, not redistribution.
The cops may not keep the money directly, but their departments, flush with cash, buy them lots of toys and give them ‘allowances’ for personally worn equipment.
I think the spoils should go to the local government’s general fund - not directly to the police department at all.
[ How SCOTUS upheld this practice I’ll never understand.
Because some of our revered “conservatives” were actually authoritarians and not conservatives at all. ]
I am so damn tempted to say something about WHO the Authoritarians are flocking to, but I will shut the hell up for civility’s sake.
Just trying to send the 4th Amendment down the tubes along with the 2nd and 10th. Oh and the 1st and 9th.
Hmmmm....seems to me to be a clear violation of the tenth amendment of the bill of rights..... But, then again, I'm not a STINKING LAWYER..!!!
[ The cops may not keep the money directly, but their departments, flush with cash, buy them lots of toys and give them ‘allowances’ for personally worn equipment.
I think the spoils should go to the local government’s general fund - not directly to the police department at all. ]
As long as the “spoils” are only disbursed AFTER the person owning them was found guilty in a court of law by a jury of their peers, AND the penalty FOR the CRIME they were found GUILTY of is the seizure of said asset, then and ONLY then I am fine with it.
We can’t charge a pile of cash with the crime of being a pile of cash.
Ah Tyranny.
It’s rampant on BOTH the Fed and State level.
I remember that one too. KS? IA? I can't remember. Anyways, she broke rule number 2: NEVER talk to the police without your attorney present.
She got a "knock and talk" and invited DEA agents in who found a mother lode unbeknownst to her. Lost her house on good intentions.
This is how they do things. They choose to do something illegal. They realize that it is illegal. They give it a nice sounding name to confuse the public. They then go right on doing the illegal thing.
It is forbidden by the constitution and the perpetrators are guilty of a crime.
That’s the way it is here in Maine; there are a number of hoops to jump through, and then the assets are placed in the state’s general fund. The local police, sheriff’s departments and Maine State Police are not allowed to keep the forfeited assets.
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