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The Constitution prohibits seizure of property without due process of law. Oh, right. The Constitution is so out of vogue now. I'm glad I don't live in Carroll County.
1 posted on 08/18/2009 3:09:39 PM PDT by Library Lady
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To: Library Lady

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...


2 posted on 08/18/2009 3:14:36 PM PDT by Star Traveler (The God of Abraham, Isaac and Jacob is a Zionist and Jerusalem is the apple of His eye.)
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To: Library Lady

” 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....


3 posted on 08/18/2009 3:16:36 PM PDT by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: Library Lady

The gov’t, not the suspect, should have to prove ill-gotten gains, even when a conviction has occured.


5 posted on 08/18/2009 3:20:22 PM PDT by umgud (Look to gov't to solve your everday problems and they'll control your everday life.)
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To: Library Lady

As explained to me by one Law “Enforcement” Officer;
“They’re not seizing it. They’re just holding it for you.”


6 posted on 08/18/2009 3:20:54 PM PDT by SJSAMPLE
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To: Library Lady
Wonder if the government could seize all the assets of illegal aliens.
7 posted on 08/18/2009 3:21:45 PM PDT by TexasFreeper2009 (Obama lied, the economy died)
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To: Library Lady

Blame the War on Drugs and RICO.


8 posted on 08/18/2009 3:21:50 PM PDT by El Sordo
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To: Library Lady

It’s a slippery slope that Law enforcement loves to slide down.


14 posted on 08/18/2009 3:38:19 PM PDT by Venturer
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To: Library Lady

Cyber Liberty: Seizing property fattens Police departments’ wallets.


16 posted on 08/18/2009 3:43:19 PM PDT by Cyber Liberty (I AM JIM THOMPSON!)
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To: Library Lady

End the failed drug war.


21 posted on 08/18/2009 3:54:07 PM PDT by mysterio
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To: Library Lady

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.


22 posted on 08/18/2009 3:57:55 PM PDT by socialismislost
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To: Library Lady
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 to be seized.

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.

23 posted on 08/18/2009 4:01:14 PM PDT by Billthedrill
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To: Library Lady
"When you don't work and you're accumulating a lot of stuff, it tells us something," the sheriff noted.

That's good enough for me too. That "reasonable suspicion" and "burden of proof" stuff is so 18th century.

24 posted on 08/18/2009 4:34:05 PM PDT by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: Library Lady
The Constitution prohibits seizure of property without due process of law. Oh, right. The Constitution is so out of vogue now. I'm glad I don't live in Carroll County.

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.

===============

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.

25 posted on 08/18/2009 4:36:39 PM PDT by VeniVidiVici (Democrat - The Party of Bull Connor, slavery, Jim Crow laws, Obama and Suzanne Kosmas)
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To: Library Lady

Would it be a stretch to suspect that Carroll County is strapped for $$$ these days?


26 posted on 08/18/2009 4:39:45 PM PDT by Gay State Conservative (Christian+Veteran=Terrorist)
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To: Library Lady

Yep. Hit’s ‘em right in the Constitution.


27 posted on 08/18/2009 4:48:10 PM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: Library Lady; Uncle Ike; El Sordo; mysterio

“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.


28 posted on 08/18/2009 5:08:37 PM PDT by STONEWALLS
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To: Library Lady

I believe there is something in the Constitution about not taking property.


29 posted on 08/18/2009 5:20:03 PM PDT by Tzimisce (No thanks. We have enough government already. - The Tick)
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To: Library Lady

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.


31 posted on 08/18/2009 5:45:11 PM PDT by Dayman (My 1919a4 is named Charlotte. When I light her up she has the voice of an angel.)
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To: Library Lady
And on some occasions, the defendants involved in the seizures haven't even been charged with a drug-related crime.

Theft under the color of law, pure and simple.

36 posted on 08/18/2009 6:15:38 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: Library Lady

But LEGALLY....it is NOT just to criminals that they do this! For SHAME, America!


37 posted on 08/18/2009 6:28:17 PM PDT by 2harddrive
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