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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.
Doesn't that say that no law enforcement officers can search or seize anything, unless they get a warrant that says what is to be searched and what things are to be seized? And that the warrant must have probable cause?
When the cops who seize somebody's car, or their house etc., on grounds that those were used in a crime (drug dealing or rape or whatever), do the cops get a warrant first? It has to be issued by a judge, and the judge has to have probable cause. If the cops do have such a warrant, then I'm good with the seizure.
Do they?
So are you looking for someone to research every case in the history of law enforcement and post the numbers? Because obviously the short answer is, "most do, some don't".
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.
Doesn't that say that no law enforcement officers can search or seize anything, unless they get a warrant that says what is to be searched and what things are to be seized? And that the warrant must have probable cause?
When the cops who seize somebody's car, or their house etc., on grounds that those were used in a crime (drug dealing or rape or whatever), do the cops get a warrant first? It has to be issued by a judge, and the judge has to have probable cause. If the cops do have such a warrant, then I'm good with the seizure.
Do they?
"This is my own private domicile and I will not be harrassed"
A rather famous line from Breaking Bad that explained this situation quite well.
Obivously, police have exemptions in situations where evidence is in plain sight or similar. And vehicles on public property are different than someone's home. A cop driving by your house who smells pot couldn't track it to your house and enter without a warrant or bring a drug sniffing dog to alert on your house and get a warrant based on that.
However.. A vehicle on a public road is a different situation. While they cannot search your car without something in plain sight, they CAN hold you and bring a drug dog to sniff and 'alert' on your car, then get a warrant based on that.. Delaying you an untold amount of time assuming you're innocent.
A few years ago, a friend of mine bought a car from a used car dealer. He had it for about a year and the state police showed up at his house. They were investigating a possible murder case where the previous owner was apparently a prime suspect. Their theory was that the car may have been used to transport a body. They had a search warrant and brought a team of forensic guys with a cadaver dog to check out the car. It was like something out of a movie.
Luckily, they didn't turn up anything or they would have potentially seized the car as evidence. It was a minor inconvenience as he was home from work that day, but his neighbors sure got quite the show that day.
. . . and what type of REWARD would you feel is appropriate for a Common Criminal who is contributing to and/or directly responsible for the deaths of thousands upon thousands of individuals, many teenagers, per year?
Personally, I feel she's getting a Free Ride.
Quote:
Originally Posted by TerraDown
not if they took her ride away
I see what you did there and and standing to applaud. Well played.
Police have a lot of power with their seizures. They've been taken to court for not returning assets even when no crime is found to have been committed. When a crime actually has been committed, the assets they take are gone.
Like in 2011 with the Metro Gang Strike Force here in the Twin Cities (they've since been shut down, but were seizing stuff from people never convicted). The result was a $3mm lawsuit payout for police misconduct (they did a lot more harm than just the seizures).
Police have a lot of power with their seizures. They've been taken to court for not returning assets even when no crime is found to have been committed. When a crime actually has been committed, the assets they take are gone.
Some states have made civil forfeiture a cornerstone of their yearly budget funding for policing. These are very biased policies. Many people have been caught up in a procedure that wasn't doing anything wrong and lost the property. John Oliver did a great expose on civil forfeiture a couple f years ago. I was very disappointed when AG sessions upheld that civil forfeiture was a necessary tool that was needed. He could have really put an end to certain types of forfeitures that had nothing to do with any criminality. A cop pulling you over for a minor infraction and accusing you of a crime and seizing property is not due process. A person is has to prove they weren't committing a crime to bet their property back.
This is nothing new. The law enforcement agencies have been seizing assets/vehicles for years. Don't want your property seized, don't associate with shady characters. Pretty simple
Watch this and tell me if you feel the same way afterward
You apparently have missed the “War on Drugs”, possibly the entire Regan era and the first two seasons of Narcos. Killing Pablo Escobar didn’t do a whole lot to curb demand.
If you notice though, after Escobar, they do not target the top guys or cartels anymore.
Heck, we have US troops guarding poppy fields in Afghanistan today...theres a reason for that though, cant have a sustained drug war without drugs constantly coming in.
Again.. My problem on this is seizing someone else's property. The hooker example that I gave before.. Guy borrows mom's car or something and gets arrested soliciting a prostitute.. Mom's car now becomes property of the police.
I agree, that was completely wrong of the cops to have done that, but I guarantee, the mother that had this happen to her, her respect for law enforcement just went down the toilet and she will probably tell many other people her story, thus causing other people to loose respect for LE.
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