I’ve heard of law enforcement “arresting money” but not the person. They confiscate the money, but let the person go... LOL...
The person has a heck of a time getting the money back again..., ooops... :-)
Forfeiture has been a *boon* to law enforcement. It sure does help make up for some more cash in the works for them...
” I’m glad I don’t live in Carroll County. “
This has been going on for years at all levels of government... (”60 Minutes” ran a segment on it at least ten years ago)
They can confiscate your property without convicting - or even charging - you with a crime — just the allegation that you *might* be committing a criminal act is sufficient.
(The ‘legal fiction’, as it was explained to me, once, is that, while you might be innocent, your property is the guilty party, and property per se has no rights under the Constitution)
Thank the War On Drugs for this one....
The gov’t, not the suspect, should have to prove ill-gotten gains, even when a conviction has occured.
As explained to me by one Law “Enforcement” Officer;
“They’re not seizing it. They’re just holding it for you.”
Blame the War on Drugs and RICO.
It’s a slippery slope that Law enforcement loves to slide down.
Cyber Liberty: Seizing property fattens Police departments’ wallets.
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.
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.
Theft under the color of law, pure and simple.
But LEGALLY....it is NOT just to criminals that they do this! For SHAME, America!