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Old 10-12-2014, 04:39 PM
 
Location: Volcano
12,969 posts, read 28,263,461 times
Reputation: 10755

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Quote:
Originally Posted by City Guy997S View Post
Step one: Can I search your car?
For some reason these people said yes.....
But if they said no, Step Two is to get a warrant to search the car because you "wouldn't say no if you didn't have something to hide."

Apparently the Constitutional protection against unreasonable search & seizure means nothing any more.

I'm surprised this asset seizure business has not been subject of a Supreme Court case yet. People have been stopped and had their cash seized on their way to buy a car, on their way back from selling a car, on their way to Las Vegas to gamble, from Las Vegas with winnings, all kinds of perfectly legal and legit reasons for carrying large amounts of cash, but unless you can PROVE you are in the possession of that money legally, it's gone... and it takes time and effort to do so.

IOW, the presumption is that you are guilty.

Apparently the Constitutional guarantee of presumption of innocence means nothing any more.

And apparently the Constitutional guarantee of due process means nothing any more.

And ignoring the lessons of history, this is the perfect scenario for training a generation of corrupt cops, with no regard for the law, like they have in third world countries.
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Old 10-12-2014, 06:10 PM
 
Location: San Antonio, Texas
4,287 posts, read 7,985,590 times
Reputation: 3938
"Wouldn't say no if I didn't have something to hide".

No, I'm saying NO because I don't want your sticky, greasy, fat fingers touching MY stuff or planting drugs! Nosiree, Bob!

And third-world nations' law enforcement is better than that listed in the article because at least they'll only take the equivalent of $20 without pretense or harm to motorists. Those other punks, though? Simply abhorrent behavior.
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Old 01-22-2015, 05:25 AM
 
Location: San Antonio, Texas
4,287 posts, read 7,985,590 times
Reputation: 3938
Glad to see this topic is finally making major national headlines: States seize cash, property from motorists - CNN.com
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Old 01-22-2015, 08:46 AM
 
Location: Montgomery County, PA
16,563 posts, read 15,112,990 times
Reputation: 14584
Have You or Anyone You Know Been Affected by Civil Forfeiture Laws?

Hmm, let me check my bank account.
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Old 01-22-2015, 09:23 AM
 
Location: Vermont
11,754 posts, read 14,562,913 times
Reputation: 18492
Yes, I know a lot about this, although not as much as I used to.

The two bases for asset forfeiture are that the asset is the proceeds of illegal activity or the asset was used to facilitate the illegal activity. (Hint: did you have pot in your car or in your house? Then your car and your house were used to facilitate your illegal drug activity.)

I did a case about twenty years ago when my clients were a married couple arrested and charged with dealing. Their so-called friend was paid by the government to set them up to do a run to New York to obtain and sell some drugs to him; he also wore a wire to the NA meetings they were going to together.

In addition to prosecuting them and sending the married parents of four children to federal prison the government began forfeiture proceedings against the house and the cash they had in their possession when they were arrested, which they were going to use to pay their property taxes. They pled guilty to some charges, got sent to two different federal prisons, and we were able to negotiate a favorable settlement whereby the house was put into a trust for the benefit of the children, to be distributed to the children when they grew up (age 25, if I recall correctly), but never to be retransferred to the parents.

I still run into the parents in town every so often and they're doing well. Over great odds the family stayed together and most of the kids still live in the area. I still get mad when I think about all the harm the government did to this family because of the ridiculous "war on drugs".
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Old 01-22-2015, 01:31 PM
 
Location: Vermont
11,754 posts, read 14,562,913 times
Reputation: 18492
By the way, one of the little quirks of this area of law is that the case is an in rem action, so that instead of the owner, the defendant in the case is the property itself. My two cases were United States v. Eleven Acres of Land, More or Less, and United States v. $1,100 in United States Currency.
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Old 01-22-2015, 03:33 PM
 
Location: Metro Washington DC
15,395 posts, read 25,634,879 times
Reputation: 10394
Is this the same thing that the U.S. Attorney General just announced a ruling on recently?
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