Posted on 07/12/2020 10:28:59 AM PDT by RandFan
Civil asset forfeiture is one of those things that breaks down the distinction between the police and common criminals. When police departments are dependent on shaking down citizens for their cash property and taking it without any due process, we have a big problem.
This is what the police are using civil asset forfeiture on: https://www.vox.com/policy-and-politics/2017/12/1/16686014/phillip-parhamovich-civil-forfeiture
The state has even moved to forfeiture the money without notifying Parhamovich of the relevant court hearing until after it happened. [...]
“Okay, we’re going to let you go as long as you sign this waiver,” Parhamovich recalled an officer saying.
“I asked them a bunch of times what it was, and what happens if I don’t sign it,” Parhamovich added. “I couldn’t get a clear answer and was extremely worried. So finally I signed it and left.”
With that, he lost the money he had spent several years working for
I am so confused reading this thread.
Does civil asset forfeiture apply to the drug lord in the community that gets busted and he has 30+ firearms, over $1 million in cash and tons of jewelry, with no job.
Are you all saying he should keep his items?
If he gets busted, then it's criminal asset forfeiture. Civil asset forfeiture doesn't require that charges ever be filed, much less that the property owner be convicted.
Glad I could help.
The biggest problem with civil asset forfeiture is that it happens during “suspicion” as part of their “investigation” and even if charges aren’t filed they don’t give the stuff back. So say they decide you “might” be a drug lord, they seize your guns and such, then decide “nope not a drug lord” and file no charges. You don’t get the guns back. Well in some places you can sue to get them back, but to do that you have to “prove” your guns are “innocent”. Acquired legally, not tied to any crime ever. You know what they say about proving a negative, try doing that in court. We lost a good bike shop in town that way, they were “suspected” of buying stolen bikes, seized all the bikes, 6 months later declared no charges would be filed, didn’t give any of the bikes back. Shop owner tried to get them back, and even though the cops had no record of any of them being stolen the owner lost the suit. No more shop. But the semi-annual TPD asset auction had a fantastic bike selection.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things ...
Civil Asset Forfeiture is illegal.
There's more to it. Every day the Border Patrol and CBP seizes hundreds of vehicles used by drug and human smugglers.Do we really want to just give their vehicles back. That will make their operational costs go way down.
With respect, I believe your understanding of civil asset forfeiture is confused with other types of asset seizure. In the situation you describe, the perpetrators are quite likely to be foreign nationals (and thus not privileged with Constitutional rights). Moreover, they are almost certain to have been charged with actual crimes, resulting in the quite rational act of criminal asset forfeiture.
With civil asset forfeiture, law enforcement can, literally, take the possessions, property, and money of an American citizen who has merely been suspected of a crime; not even charged! They can, again, literally, impound your car and leave you standing on the side of the road because they "smelled weed" and then sell your car to fund their corrupt union, all while you never get your day in court, nor your Constitutional right to an attorney or due process.
I am not making this up. I am not exaggerating. Here are ten egregious examples of civil asset forfeiture being used to extort the hard earned money of innocent Americans, black and white.
Here's a great primer on the topic from The Tenth Amendment Center, a fiercely Constitutional organization dedicated to preserving our rights and educating Americans about Constitutional issues.
The War on Drugs and the War on Terror have been used to practically eliminate the Fourth and Fifth Amendments to the Constitution. How long before the First and Second are similarly abrogated in the name of "security" or "law and order"? Civil asset forfeiture is one of the most powerful tools that police have to terrorize citizens while lining their pocketbooks - not to mention all the white powdered evidence that goes missing.
Police unions - like all labor unions - are nothing but left wing Marxist organized crime. They just happen to have badges and guns and the state's power of life and death. Do they really need the state sanctioned power to rob us blind, too?
I hope I have not come across as condescending or patronizing, FRiend. This is a topic that, as a passionate Constitutional Conservative, I care about a great deal.
I'm always curious when I read of someone facing decades in prison who plea-bargains a sentence of a couple of years. I think, why did we either give such a dangerous person a short sentence or why was this not-dangerous person facing decades in prison?
I've become very cynical and believe there are coutless innocent people serving prison sentences only because they didn't want to roll the dice in front of a jury.
General Flynn only took the plea because he had gone through all his assets and prosecutors were going to go after his son. Federal prosecutors are financed by the Treasury’s printing presses. Would you be if the need arose? To level the playing field both sides need to be financed by the presses.
While this bill is a good start, I'd push harder for the complete elimination of this travesty of justice.
The Supreme’s ruled on it last year..some dude had his vehicle seized and they ruled it was unlawful (TIMBS v. INDIANA) and he got it back.
Look it up and see what you think. I believe they ruled on the Excessive Fines issue rather than the 4th amendment which is convenient.
Congress has yet to act so they’re still stealing and looting.
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