Posted on 05/15/2015 9:13:01 AM PDT by Second Amendment First
Joseph Rivers was never convicted of a crime. He was never charged with one, or even officially detained. But that didn't stop the Drug Enforcement Administration from taking his life savings away under civil asset forfeiture, the highly controversial practice that allows law enforcement officers to take property from people whom they never even charge with a crime.
I spoke with Rivers's attorney, Michael Pancer of San Diego, about the case yesterday. He said the situation Rivers got caught up in -- where federal agents boarded a train and started asking people questions like "who are you?" and "where are you going?" -- is a lot more common than you might expect. "Their purpose is to try to find money to seize or find evidence of criminal activity," he told me. "That's why they do it. But I think the main purpose is to try to find money."
Many law-abiding citizens may not be worried about civil forfeiture laws, because why would police target you if you haven't committed a crime? But when it comes to civil asset forfeiture, it doesn't matter whether you commit a crime or not. If you exhibit certain types of behavior that law enforcement officers deem "suspicious" -- a broad category encompassing everything from having empty energy drink cans in your car to buying a one-way train ticket with cash -- they can use that as a basis for a determination that property you own was obtained through illegal means.
In last year's Washington Post investigation of highway asset forfeitures, experts outlined the contours of law governing these encounters. In a similar spirit, here's what experts say about how the law works in situations like the one Joseph Rivers found himself in.
(Excerpt) Read more at washingtonpost.com ...
Don’t keep all your money in the USA
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Bears repeating ,,, oddly enough the strictest bank account privacy laws today are in the Philippines,, but only for accounts denominated in foreign currencies. Their SC Chief Justice was tried for taking bribes and such after he was found to have real estate and other holdings he would have needed 100 lifetimes to earn... He was acquitted .. his bank accounts couldn’t be used as evidence.
Jeez. I think I’m too well known around here. I can’t get anyone all pissed off at me. lol
Well said.
I just figured you had a thing for the ladies in uniform. :)
Definitely a lot of beloved pets have ended up dead.
“Understand that every Right you were granted under the Constitution has been steadily compromised.” -amPU
The Bill of Rights - granted no right to anything. It recognized certain, but not all, natural rights, and contained other restrictive clauses on the federal government.
.then fight to end immigration. That isn’t happening.
Quit whining. That boot on your neck is there to protect you.
We should go back to the law and order days of alcohol prohibition.
Another article linked says that if you refuse the search of your bags they will take them into custody and have a hearing on confiscation. And you aren’t allowed to attend the hearing.
Always surprises me how many nanny-state fascists are on FR.
How does that help? The US has forfeiture agreements with most countries now.
Then we Americans have no control over the future that the world’s voters who will continue moving here by the tens of millions, will be imposing on us.
Exactly! The smartest thing I ever heard about the war on drugs, although I cannot recall who said it, is “You do not get to choose if drugs are sold in your community. The only choice you get is who sells them; either the pharmacist or the gangbanger.”
you read what you write?
Different standards of proof. Any arrest charges would have to be dropped, but the person would still have to “prove” their money was not illegal.
Of course I do, do you read what you write?
Can you translate your post into something that has meaning?
Here’s a prime example from this past February. Man acquitted of all charges, gov’t still keeps the cash:
IOWA CITY (AP) — An appeals court says Iowa government officials can keep $33,000 in cash seized from a man later acquitted of possessing marijuana.
The Iowa Court of Appeals says the traffic stop that led to the arrest of Robert Pardee was pretextual but didn’t violate his rights.
Pardee was the passenger in a California-plated vehicle stopped by a trooper on Interstate 80 in 2012 as part of an interdiction program that pulls over vehicles for minor traffic violations for the purpose of searching for illicit drugs.
Troopers found a small amount of marijuana, $33,100 cash and drug ledgers listing amounts sold, prices and names of buyers. Pardee was charged with possession of marijuana, but later acquitted.
The court is upholding a judge who found the money was tied to a criminal offense.
This is really simple. 11 million wetbacks have a phony social security number, why not you?
Stop civil asset forfeiture, and have drug pushers executed.
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