Posted on 08/18/2009 3:09:38 PM PDT by Library Lady
HILLSVILLE — Law enforcement officials don't just threaten to throw people acting illegally or suspiciously in prison. Prosecutors also go after the contents of their wallets or garages.
Carroll County prosecutors have implemented several such civil forfeiture proceedings in a variety of cases where suspected proceeds from drug dealing or other illegal activity — in the form of large amounts of loose cash or property — have been found.
And on some occasions, the defendants involved in the seizures haven't even been charged with a drug-related crime.
(Excerpt) Read more at galaxgazette.com ...
End the failed drug war.
What they are doing is illegal(the police). This is legalized theft. And people wonder why so many really have hatred and suspicion of police and law enforcement in general. They get away with it because they got the gun and badge and a corrupt culture that stands behind them.
Only a lawyer, a liar, a cheat, or a politician - but I repeat myself - could pretend that this means anything other than what it says.
That's good enough for me too. That "reasonable suspicion" and "burden of proof" stuff is so 18th century.
From the article:
After the commonwealth's attorney started the civil proceedings, Caviness waived his rights to the property without any finding of guilt against him in July, according to court papers. The court ordered the forfeiture July 20 after receiving the waiver.
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They go to civil court. The person whose assets were seized can contest it - or not. In this example here, this individual decided not to contest it and thus forfeited the $12K to the state.
Whenever law enforcement seizes anything the defendant can choose to contest before a judge. They get their day in court if they wish.
Would it be a stretch to suspect that Carroll County is strapped for $$$ these days?
Yep. Hit’s ‘em right in the Constitution.
“I’m glad I don’t live in Carroll County.”
....I live 50 miles from Galax in rural N.C. and Meth and Meth labs have caused great devastation our county....if Carroll County Va law enforcement is crushing the Meth trade then more power to them.
I believe there is something in the Constitution about not taking property.
Rulings like that are why we don’t need any more “conservative” justices any more than we need more “liberals”, which is to say, about as much as we need a sharp stick in the eye. What we actually need are libertarians who view their role as protecting individuals from the government and not the other way around.
What started as a good program has become too widely abused. Property seizure should be prohibited except upon conviction for a crime which involved said property.
“”When you don’t work and you’re accumulating a lot of stuff, it tells us something,” the sheriff noted.”
Has poor ickle Legal Boy not heard of investing? Him must have had deprived childhood. Public Scruel product, too.
Contesting the seizure often requres the victim post a bond which can be thousands of dollars, depending on the value of the property stolen.
“....if Carroll County Va law enforcement is crushing the Meth trade then more power to them.”
Right on! ! !
The ends justify the means. Yeppers! ! !
Bad car. Don’t let it drive itself around for a month.
Theft under the color of law, pure and simple.
But LEGALLY....it is NOT just to criminals that they do this! For SHAME, America!
yeah....Great success..that War on Drugs...Yeesh...now lets just make alcohol illegal. THAT should be fun!( two days before football season starts!)
Disgusting.
Life, Liberty or Property. Not, if we can’t nail the prick at least we can make him poor and drive his car.
Defend it if you will. Makes you small.
Sure they can. And the state has bottomless pockets. And the accused has squat since the state seized his assets. And assets have no rights. And if the accused does happen to win, all he gets is his stuff. No legal fees.
You're right, sounds straight up and fair...
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