civil forfeiture

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mei lan said:
unionmom said:
While there are agencies that abuse this ... I think that one area that ruffles a lot of LE feathers is when they get blamed for things that aren't their creation. I know that I sat dumb-founded on more than one occasion in the last couple of months with so many articles, etc. on police racism and they almost always comment on an imbalance in convictions and sentencing. I admit I'm not the sharpest knife in the drawer but could somebody please tell me what police officers have to do with judge/prosecutor/jury decisions? Or when police are blamed for laws. Umm ... no, that would be the lawmakers.

But all of that aside ... I blame GD's unicorn glitter farts being sliced by his thong for stradial's exit.

I get that, as I told deewee. And I wasn't blaming LE in this matter! But the fact of the matter is that LE are the ones who seize the cash on the spot at the traffic stop wtih no arrest, and it's apparently legal, and the onus is on the citizen to get it back. What we're debating here is the constitutionality of that. Instead somehow it got all tied up into being all LEs are evil and all media are evil. And as for Winchester, this is a nationwide issue. IDK. I'm in the mood to leave with stradial. I swear. What happened to ordinary discussion among civil people?

I've been down this road here before. Not liking it any more the third time around.

All I can tell you is take one state at a time, one case at a time, and check out their state law. This is NOT a nation wide problem. As I said, it's not up to the cops to decide if it's constitutional or not, they are following procedure presented to them by people way above their pay grade. You will have to check the SCOTUS ruling to see if there has been a constitutional review, it's possible that there may not be.

And yes, the media, all media, are evil!
 
Winchester said:
mei lan said:
unionmom said:
While there are agencies that abuse this ... I think that one area that ruffles a lot of LE feathers is when they get blamed for things that aren't their creation. I know that I sat dumb-founded on more than one occasion in the last couple of months with so many articles, etc. on police racism and they almost always comment on an imbalance in convictions and sentencing. I admit I'm not the sharpest knife in the drawer but could somebody please tell me what police officers have to do with judge/prosecutor/jury decisions? Or when police are blamed for laws. Umm ... no, that would be the lawmakers.

But all of that aside ... I blame GD's unicorn glitter farts being sliced by his thong for stradial's exit.

I get that, as I told deewee. And I wasn't blaming LE in this matter! But the fact of the matter is that LE are the ones who seize the cash on the spot at the traffic stop wtih no arrest, and it's apparently legal, and the onus is on the citizen to get it back. What we're debating here is the constitutionality of that. Instead somehow it got all tied up into being all LEs are evil and all media are evil. And as for Winchester, this is a nationwide issue. IDK. I'm in the mood to leave with stradial. I swear. What happened to ordinary discussion among civil people?

I've been down this road here before. Not liking it any more the third time around.

All I can tell you is take one state at a time, one case at a time, and check out their state law. This is NOT a nation wide problem. As I said, it's not up to the cops to decide if it's constitutional or not, they are following procedure presented to them by people way above their pay grade. You will have to check the SCOTUS ruling to see if there has been a constitutional review, it's possible that there may not be.

And yes, the media, all media, are evil!



Ahem...


http://www.heritage.org/research/reports/2014/03/civil-asset-forfeiture-7-things-you-should-know


;)
 
honeybunny said:
Winchester said:
mei lan said:
unionmom said:
While there are agencies that abuse this ... I think that one area that ruffles a lot of LE feathers is when they get blamed for things that aren't their creation. I know that I sat dumb-founded on more than one occasion in the last couple of months with so many articles, etc. on police racism and they almost always comment on an imbalance in convictions and sentencing. I admit I'm not the sharpest knife in the drawer but could somebody please tell me what police officers have to do with judge/prosecutor/jury decisions? Or when police are blamed for laws. Umm ... no, that would be the lawmakers.

But all of that aside ... I blame GD's unicorn glitter farts being sliced by his thong for stradial's exit.

I get that, as I told deewee. And I wasn't blaming LE in this matter! But the fact of the matter is that LE are the ones who seize the cash on the spot at the traffic stop wtih no arrest, and it's apparently legal, and the onus is on the citizen to get it back. What we're debating here is the constitutionality of that. Instead somehow it got all tied up into being all LEs are evil and all media are evil. And as for Winchester, this is a nationwide issue. IDK. I'm in the mood to leave with stradial. I swear. What happened to ordinary discussion among civil people?

I've been down this road here before. Not liking it any more the third time around.

All I can tell you is take one state at a time, one case at a time, and check out their state law. This is NOT a nation wide problem. As I said, it's not up to the cops to decide if it's constitutional or not, they are following procedure presented to them by people way above their pay grade. You will have to check the SCOTUS ruling to see if there has been a constitutional review, it's possible that there may not be.

And yes, the media, all media, are evil!



Ahem...


http://www.heritage.org/research/reports/2014/03/civil-asset-forfeiture-7-things-you-should-know


;)
https://www.ij.org/asset-forfeiture-report-georgia
 
honeybunny said:
Winchester said:
mei lan said:
unionmom said:
While there are agencies that abuse this ... I think that one area that ruffles a lot of LE feathers is when they get blamed for things that aren't their creation. I know that I sat dumb-founded on more than one occasion in the last couple of months with so many articles, etc. on police racism and they almost always comment on an imbalance in convictions and sentencing. I admit I'm not the sharpest knife in the drawer but could somebody please tell me what police officers have to do with judge/prosecutor/jury decisions? Or when police are blamed for laws. Umm ... no, that would be the lawmakers.

But all of that aside ... I blame GD's unicorn glitter farts being sliced by his thong for stradial's exit.

I get that, as I told deewee. And I wasn't blaming LE in this matter! But the fact of the matter is that LE are the ones who seize the cash on the spot at the traffic stop wtih no arrest, and it's apparently legal, and the onus is on the citizen to get it back. What we're debating here is the constitutionality of that. Instead somehow it got all tied up into being all LEs are evil and all media are evil. And as for Winchester, this is a nationwide issue. IDK. I'm in the mood to leave with stradial. I swear. What happened to ordinary discussion among civil people?

I've been down this road here before. Not liking it any more the third time around.

All I can tell you is take one state at a time, one case at a time, and check out their state law. This is NOT a nation wide problem. As I said, it's not up to the cops to decide if it's constitutional or not, they are following procedure presented to them by people way above their pay grade. You will have to check the SCOTUS ruling to see if there has been a constitutional review, it's possible that there may not be.

And yes, the media, all media, are evil!



Ahem...


http://www.heritage.org/research/reports/2014/03/civil-asset-forfeiture-7-things-you-should-know


;)

Oh, thanks, sweetie - I didn't even think to check with them to see if they had anything on it.

A conservative arguing with Heritage is akin to a Christian arguing with Jesus. ;)
 
honeybunny said:
Winchester said:
mei lan said:
unionmom said:
While there are agencies that abuse this ... I think that one area that ruffles a lot of LE feathers is when they get blamed for things that aren't their creation. I know that I sat dumb-founded on more than one occasion in the last couple of months with so many articles, etc. on police racism and they almost always comment on an imbalance in convictions and sentencing. I admit I'm not the sharpest knife in the drawer but could somebody please tell me what police officers have to do with judge/prosecutor/jury decisions? Or when police are blamed for laws. Umm ... no, that would be the lawmakers.

But all of that aside ... I blame GD's unicorn glitter farts being sliced by his thong for stradial's exit.

I get that, as I told deewee. And I wasn't blaming LE in this matter! But the fact of the matter is that LE are the ones who seize the cash on the spot at the traffic stop wtih no arrest, and it's apparently legal, and the onus is on the citizen to get it back. What we're debating here is the constitutionality of that. Instead somehow it got all tied up into being all LEs are evil and all media are evil. And as for Winchester, this is a nationwide issue. IDK. I'm in the mood to leave with stradial. I swear. What happened to ordinary discussion among civil people?

I've been down this road here before. Not liking it any more the third time around.

All I can tell you is take one state at a time, one case at a time, and check out their state law. This is NOT a nation wide problem. As I said, it's not up to the cops to decide if it's constitutional or not, they are following procedure presented to them by people way above their pay grade. You will have to check the SCOTUS ruling to see if there has been a constitutional review, it's possible that there may not be.

And yes, the media, all media, are evil!



Ahem...


http://www.heritage.org/research/reports/2014/03/civil-asset-forfeiture-7-things-you-should-know


;)

And?

I have already stated everything in this article except for the federal side. The article answers the primary question here.....because the SCOTUS says it's legal.

Again, this is a question for attorneys and judges all the way up the ladder to the SCOTUS, not for the street cops. The street cops did not write the law, street cops did not pass this law, street cops did not give it a legal review, street cops did not give it a constitutional review.....so why is everyone blaming the street cops for this law?
 
lotstodo said:
honeybunny said:
Winchester said:
mei lan said:
unionmom said:
While there are agencies that abuse this ... I think that one area that ruffles a lot of LE feathers is when they get blamed for things that aren't their creation. I know that I sat dumb-founded on more than one occasion in the last couple of months with so many articles, etc. on police racism and they almost always comment on an imbalance in convictions and sentencing. I admit I'm not the sharpest knife in the drawer but could somebody please tell me what police officers have to do with judge/prosecutor/jury decisions? Or when police are blamed for laws. Umm ... no, that would be the lawmakers.

But all of that aside ... I blame GD's unicorn glitter farts being sliced by his thong for stradial's exit.

I get that, as I told deewee. And I wasn't blaming LE in this matter! But the fact of the matter is that LE are the ones who seize the cash on the spot at the traffic stop wtih no arrest, and it's apparently legal, and the onus is on the citizen to get it back. What we're debating here is the constitutionality of that. Instead somehow it got all tied up into being all LEs are evil and all media are evil. And as for Winchester, this is a nationwide issue. IDK. I'm in the mood to leave with stradial. I swear. What happened to ordinary discussion among civil people?

I've been down this road here before. Not liking it any more the third time around.

All I can tell you is take one state at a time, one case at a time, and check out their state law. This is NOT a nation wide problem. As I said, it's not up to the cops to decide if it's constitutional or not, they are following procedure presented to them by people way above their pay grade. You will have to check the SCOTUS ruling to see if there has been a constitutional review, it's possible that there may not be.

And yes, the media, all media, are evil!



Ahem...


http://www.heritage.org/research/reports/2014/03/civil-asset-forfeiture-7-things-you-should-know


;)
https://www.ij.org/asset-forfeiture-report-georgia

See my previous post. I could repeat it word per word.

I'm not going to say it's right or wrong....it law and has passed many legal reviews. There are many laws on the books that do not make sense or seam reasonable or "right" but they are still on the books. This is an issue best taken with the lawmakers, not the law enforcers.
 
It may be "legal" but even the most subjective observer can see the incentive for abuse. I would like to think it would only be used in the presence of clear evidence of criminal activity.
 
In my experience, the people giving the street cops their orders are usually a bigger problem than the cops themselves.

I also wanted to mention that I've had many discussions with police officers about bad cops, and as a general rule, the good cops dislike the bad cops as much as we do. The bad cops cast a dirty shadow on the good ones that they have to live with.
 
J-man said:
It may be "legal" but even the most subjective observer can see the incentive for abuse. I would like to think it would only be used in the presence of clear evidence of criminal activity.

That's true but ANY law is subject to abuse. But if the law is being followed as it was written and has passed all legal reviews, then the problem is with the law makers.

There are laws on the books, some well over 100 years old, that can make a criminal out of any law-abiding person. These are mostly city and County ordnances but they can still put you in jail.
 
Winchester said:
honeybunny said:
Winchester said:
mei lan said:
unionmom said:
While there are agencies that abuse this ... I think that one area that ruffles a lot of LE feathers is when they get blamed for things that aren't their creation. I know that I sat dumb-founded on more than one occasion in the last couple of months with so many articles, etc. on police racism and they almost always comment on an imbalance in convictions and sentencing. I admit I'm not the sharpest knife in the drawer but could somebody please tell me what police officers have to do with judge/prosecutor/jury decisions? Or when police are blamed for laws. Umm ... no, that would be the lawmakers.

But all of that aside ... I blame GD's unicorn glitter farts being sliced by his thong for stradial's exit.

I get that, as I told deewee. And I wasn't blaming LE in this matter! But the fact of the matter is that LE are the ones who seize the cash on the spot at the traffic stop wtih no arrest, and it's apparently legal, and the onus is on the citizen to get it back. What we're debating here is the constitutionality of that. Instead somehow it got all tied up into being all LEs are evil and all media are evil. And as for Winchester, this is a nationwide issue. IDK. I'm in the mood to leave with stradial. I swear. What happened to ordinary discussion among civil people?

I've been down this road here before. Not liking it any more the third time around.

All I can tell you is take one state at a time, one case at a time, and check out their state law. This is NOT a nation wide problem. As I said, it's not up to the cops to decide if it's constitutional or not, they are following procedure presented to them by people way above their pay grade. You will have to check the SCOTUS ruling to see if there has been a constitutional review, it's possible that there may not be.

And yes, the media, all media, are evil!



Ahem...


http://www.heritage.org/research/reports/2014/03/civil-asset-forfeiture-7-things-you-should-know


;)

And?

I have already stated everything in this article except for the federal side. The article answers the primary question here.....because the SCOTUS says it's legal.

Again, this is a question for attorneys and judges all the way up the ladder to the SCOTUS, not for the street cops. The street cops did not write the law, street cops did not pass this law, street cops did not give it a legal review, street cops did not give it a constitutional review.....so why is everyone blaming the street cops for this law?

How many times do folks have to explain that they are not blaming street cops for this law ? ? ?

You claimed this was not a nationwide problem and that is clearly not true.

This is a question of constitutionality, not an attack on law enforcement.


::)
 
Winchester said:
lotstodo said:
honeybunny said:
Winchester said:
mei lan said:
unionmom said:
While there are agencies that abuse this ... I think that one area that ruffles a lot of LE feathers is when they get blamed for things that aren't their creation. I know that I sat dumb-founded on more than one occasion in the last couple of months with so many articles, etc. on police racism and they almost always comment on an imbalance in convictions and sentencing. I admit I'm not the sharpest knife in the drawer but could somebody please tell me what police officers have to do with judge/prosecutor/jury decisions? Or when police are blamed for laws. Umm ... no, that would be the lawmakers.

But all of that aside ... I blame GD's unicorn glitter farts being sliced by his thong for stradial's exit.

I get that, as I told deewee. And I wasn't blaming LE in this matter! But the fact of the matter is that LE are the ones who seize the cash on the spot at the traffic stop wtih no arrest, and it's apparently legal, and the onus is on the citizen to get it back. What we're debating here is the constitutionality of that. Instead somehow it got all tied up into being all LEs are evil and all media are evil. And as for Winchester, this is a nationwide issue. IDK. I'm in the mood to leave with stradial. I swear. What happened to ordinary discussion among civil people?

I've been down this road here before. Not liking it any more the third time around.

All I can tell you is take one state at a time, one case at a time, and check out their state law. This is NOT a nation wide problem. As I said, it's not up to the cops to decide if it's constitutional or not, they are following procedure presented to them by people way above their pay grade. You will have to check the SCOTUS ruling to see if there has been a constitutional review, it's possible that there may not be.

And yes, the media, all media, are evil!



Ahem...


http://www.heritage.org/research/reports/2014/03/civil-asset-forfeiture-7-things-you-should-know


;)
https://www.ij.org/asset-forfeiture-report-georgia

See my previous post. I could repeat it word per word.

I'm not going to say it's right or wrong....it law and has passed many legal reviews. There are many laws on the books that do not make sense or seam reasonable or "right" but they are still on the books. This is an issue best taken with the lawmakers, not the law enforcers.
You seem to be having a problem separating the intent of the law from the abuse of the law. SCOTUS never said it was OK to take a Florida teenager's graduation cash after finding him with $1000 in $20 bills while driving with a tail light out (Camden County), or seizing $7000 from a black man doing 7 over on I-20 while driving from Augusta to Alabama to buy a car (Villa Rica). In fact, the Ninth Circuit decided and SCOTUS declined to review that the presence of cash, even that a drug dog hits on, is not sufficient cause to seize the cash. People carry cash for legitimate reasons all the time. Same with seizing an automobile for a roach in the ashtray. That is not proof of a felony that the vehicle was used in unless possession of that small an amount is a felony in the state. That is now the law of the land. But that has not stopped law enforcement agencies all the way up to the DA and often even local judges from using the letter of this law to knowingly steal for the unlawful purpose of filling the department coffers. Not all of them, not you, not GC, perhaps nobody you know, but in enough numbers both in Georgia and nationally to be a serious abuse of the legal system. The way the law is written requires the citizen to prove the cops are wrong, and to do so can cost thousands of dollars more than the value of the property seized. That's why 80% of civil forfeiture simply languishes for the required 30 days in a safe in the DA's office and is then spent on God knows what. Hell David Dade gave his secretary a take home car with it. The fault lies not in the spirit of the law but in the way that individual officers and departments choose to use or abuse it. The street cop and the department can choose to use common sense and to apply the law as intended, or to seize first and let the suckers fight for it. The financial incentive is for the jurisdiction to do the later I assure you, and only the most upstanding departments and individuals are immune to that incentive given their fiscal realities following the recession. That particularly applies to smaller jurisdictions, where adding a shiny two year old SUV to the fleet and a few thousand dollars from lost tourists could save jobs.

The state legislature right here in Georgia has attempted twice to reasonably amend the law to stop these very abuses, and both times it was vigorously opposed by every LE organization in the state. The only miniscule sliver that got passed was the reporting law that is universally ignored because it has no penalty clause.
 
honeybunny said:
Winchester said:
honeybunny said:
Winchester said:
mei lan said:
unionmom said:
While there are agencies that abuse this ... I think that one area that ruffles a lot of LE feathers is when they get blamed for things that aren't their creation. I know that I sat dumb-founded on more than one occasion in the last couple of months with so many articles, etc. on police racism and they almost always comment on an imbalance in convictions and sentencing. I admit I'm not the sharpest knife in the drawer but could somebody please tell me what police officers have to do with judge/prosecutor/jury decisions? Or when police are blamed for laws. Umm ... no, that would be the lawmakers.

But all of that aside ... I blame GD's unicorn glitter farts being sliced by his thong for stradial's exit.

I get that, as I told deewee. And I wasn't blaming LE in this matter! But the fact of the matter is that LE are the ones who seize the cash on the spot at the traffic stop wtih no arrest, and it's apparently legal, and the onus is on the citizen to get it back. What we're debating here is the constitutionality of that. Instead somehow it got all tied up into being all LEs are evil and all media are evil. And as for Winchester, this is a nationwide issue. IDK. I'm in the mood to leave with stradial. I swear. What happened to ordinary discussion among civil people?

I've been down this road here before. Not liking it any more the third time around.

All I can tell you is take one state at a time, one case at a time, and check out their state law. This is NOT a nation wide problem. As I said, it's not up to the cops to decide if it's constitutional or not, they are following procedure presented to them by people way above their pay grade. You will have to check the SCOTUS ruling to see if there has been a constitutional review, it's possible that there may not be.

And yes, the media, all media, are evil!



Ahem...


http://www.heritage.org/research/reports/2014/03/civil-asset-forfeiture-7-things-you-should-know


;)

And?

I have already stated everything in this article except for the federal side. The article answers the primary question here.....because the SCOTUS says it's legal.

Again, this is a question for attorneys and judges all the way up the ladder to the SCOTUS, not for the street cops. The street cops did not write the law, street cops did not pass this law, street cops did not give it a legal review, street cops did not give it a constitutional review.....so why is everyone blaming the street cops for this law?

How many times do folks have to explain that they are not blaming street cops for this law ? ? ?

You claimed this what not a nationwide problem and that is clearly not true.

This is a question of constitutionality, not an attack on law enforcement.


::)
The law is abused by many jurisdictions, enough to make it a problem. To that extent, I do blame LE. The law does not tell them it is OK to steal and call it civil forfeiture. Maybe the beat cop is acting in fear of his job, but everyone should know that what many of these departments are doing is just flat wrong.

Granted, the law provides the built in incentive to break it, but that is really no excuse for the egregious way in which many apply the law.
 
honeybunny said:
Winchester said:
honeybunny said:
Winchester said:
mei lan said:
unionmom said:
While there are agencies that abuse this ... I think that one area that ruffles a lot of LE feathers is when they get blamed for things that aren't their creation. I know that I sat dumb-founded on more than one occasion in the last couple of months with so many articles, etc. on police racism and they almost always comment on an imbalance in convictions and sentencing. I admit I'm not the sharpest knife in the drawer but could somebody please tell me what police officers have to do with judge/prosecutor/jury decisions? Or when police are blamed for laws. Umm ... no, that would be the lawmakers.

But all of that aside ... I blame GD's unicorn glitter farts being sliced by his thong for stradial's exit.

I get that, as I told deewee. And I wasn't blaming LE in this matter! But the fact of the matter is that LE are the ones who seize the cash on the spot at the traffic stop wtih no arrest, and it's apparently legal, and the onus is on the citizen to get it back. What we're debating here is the constitutionality of that. Instead somehow it got all tied up into being all LEs are evil and all media are evil. And as for Winchester, this is a nationwide issue. IDK. I'm in the mood to leave with stradial. I swear. What happened to ordinary discussion among civil people?

I've been down this road here before. Not liking it any more the third time around.

All I can tell you is take one state at a time, one case at a time, and check out their state law. This is NOT a nation wide problem. As I said, it's not up to the cops to decide if it's constitutional or not, they are following procedure presented to them by people way above their pay grade. You will have to check the SCOTUS ruling to see if there has been a constitutional review, it's possible that there may not be.

And yes, the media, all media, are evil!



Ahem...


http://www.heritage.org/research/reports/2014/03/civil-asset-forfeiture-7-things-you-should-know


;)

And?

I have already stated everything in this article except for the federal side. The article answers the primary question here.....because the SCOTUS says it's legal.

Again, this is a question for attorneys and judges all the way up the ladder to the SCOTUS, not for the street cops. The street cops did not write the law, street cops did not pass this law, street cops did not give it a legal review, street cops did not give it a constitutional review.....so why is everyone blaming the street cops for this law?

How many times do folks have to explain that they are not blaming street cops for this law ? ? ?

You claimed this what not a nationwide problem and that is clearly not true.

This is a question of constitutionality, not an attack on law enforcement.


::)

I just wanted to be clear that I completely understand what people are and were saying about this issue. The entire time I was posting in this thread I was ONLY saying that I haven't seen these actions take place. That is not saying or even implying that I agree with it or it has not taken place.

Some wanted me to admit that I was wrong, but wrong about what? That I HAD seen it take place and was lying about it? :dunno If I've never seen it happen….that's about the only comment I can make. I know you were not directing your comment at me, but sometimes the way folks react on a forum makes me scratch my head.

I am a conservative and can't stand it when the government attains more and more power. There's certainly a balance where govt power exists along with constitutional rights, but it's not getting any better. I Thank Thee ;D
 
Yall can, and are welcomed, to think how you want. It's obvious that we agree that we disagree and there is no further point in my part of this discussion as minds were made up long before this topic was even started. Like it or not, agree with it or not, it's still the law and until the law is changed or the high courts rules that it be stopped....it will continue to go....and on.

And LTD, the street cops do not do this because they are afraid for their jobs. They do it because it's a very effective tool for fighting crime and that the highest court in the land has said that it's perfectly legal. Can it be abused? Sure, but so can "smoking in public" laws. Do mistakes happen? Sure but that's what the Court system is for. It's not a perfect system but it's one of the best in the world. Did our lawmakers get it right? I don't know. Were the proposed changes better or would have prevented such problems? My understanding the bills were written by criminal defense attorneys if that tells you anything.





And the media are still liars!
 
Almost every time I go through immigration at Hartsfield airport, I am asked how much money I am carrying on me. I cringe each time because 1.) I don't know down to the dollar and 2.) because it is an intrusive question. After reading this topic, now I'm will worry about it being seized as well.
 
justgettingby said:
Almost every time I go through immigration at Hartsfield airport, I am asked how much money I am carrying on me. I cringe each time because 1.) I don't know down to the dollar and 2.) because it is an intrusive question. After reading this topic, now I'm will worry about it being seized as well.
The question of international travelers is because of illegal off-shore accounts, not because of drugs ... though now they tie it to terrorism. But everything is somehow terrorism connected, right? LOL!!
 
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