This page has been archived and commenting is disabled.
US Police And Prosecutors Fight To Retain Barbaric Right of “Civil Asset Forfeiture”
by Mike Krieger of Liberty Blitzkrieg
Land of the Unfree – Police and Prosecutors Fight Aggressively to Retain Barbaric Right of “Civil Asset Forfeiture”
Efforts to limit seizures of money, homes and other property from people who may never be convicted of a crime are stalling out amid a wave of pressure from prosecutors and police.
Their effort, at least at the state level, appears to be working. At least a dozen states considered bills restricting or even abolishing forfeiture that isn’t accompanied by a conviction or gives law enforcement less control over forfeited proceeds. But most measures failed to pass.
– From the Wall Street Journal article: Efforts to Curb Asset Seizures by Law Enforcement Hit Headwinds
The fact that civil asset forfeiture continues to exist across the American landscape despite outrage and considerable media attention, is as good an example as any as to how far fallen and uncivilized our so-called “society” has become. It also proves the point demonstrated in a Princeton University study that the U.S. is not a democracy, and the desires of the people have no impact on how the country is governed.
Civil asset forfeiture was first highlighted on these pages in the 2013 post, Why You Should Never, Ever Drive Through Tenaha, Texas, in which I explained:
In a nutshell, civil forfeiture is the practice of confiscating items from people, ranging from cash, cars, even homes based on no criminal conviction or charges, merely suspicion. This practice first became widespread for use against pirates, as a way to take possession of contraband goods despite the fact that the ships’ owners in many cases were located thousands of miles away and couldn’t easily be prosecuted. As is often the case, what starts out reasonable becomes a gigantic organized crime ring of criminality, particularly in a society where the rule of law no longer exists for the “elite,” yet anything goes when it comes to pillaging the average citizen.
One of the major reasons these programs have become so abused is that the police departments themselves are able to keep much of the confiscated money. So they actually have a perverse incentive to steal. As might be expected, a program that is often touted as being effective against going after major drug kingpins, actually targets the poor and disenfranchised more than anything else.
Civil asset forfeiture is state-sanctioned theft. There is no other way around it. The entire concept violates the spirit of the 4th, 5th and 6th amendments to the Constitution. In case you have any doubt:
The 4th Amendment: 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.
The 5th Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The 6th Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
Civil asset forfeiture is a civil rights issue, and it should be seen as such by everyone. Just because it targets the entire population as opposed to a specific race, gender or sexual orientation doesn’t make it less important.
The problem with opposition in America today is that people aren’t seeing modern battle lines clearly. The greatest friction and abuse occurring in these United States today comes from the corporate-fascist state’s attack against average citizens. It doesn’t matter what color or gender you are. If you are weak, poor and vulnerable you are ripe for the picking. Until people see the battle lines clearly, it will be very difficult to achieve real change. Most people are divided and conquered along their superficial little tribal affiliations, and they completely miss the bigger picture to the peril of society. Which is why women will support Hillary just because she’s a woman, not caring in the least that she is a compromised, corrupt oligarch stooge.
In case you have any doubt about how little your opinion matters when it comes to the rights of police to rob you blind, read the following excerpts from the Wall Street Journal:
Efforts to limit seizures of money, homes and other property from people who may never be convicted of a crime are stalling out amid a wave of pressure from prosecutors and police.
Read that sentence over and over again until you get it. This is a free country?
Critics have taken aim at the confiscatory powers over concerns that authorities have too much latitude and often too strong a financial incentive when deciding whether to seize property suspected of being tied to criminal activity.
But after New Mexico passed a law this spring hailed by civil-liberties groups as a breakthrough in their effort to rein in states’ forfeiture programs, prosecutor and police associations stepped up their own lobbying campaign, warning legislators that passing such laws would deprive them of a potent crime-fighting tool and rip a hole in law-enforcement budgets.
Their effort, at least at the state level, appears to be working. At least a dozen states considered bills restricting or even abolishing forfeiture that isn’t accompanied by a conviction or gives law enforcement less control over forfeited proceeds. But most measures failed to pass.
“What happened in those states is a testament to the power of the law-enforcement lobby,” said Scott Bullock, a senior attorney at the Institute for Justice, a libertarian-leaning advocacy group that has led a push for laws giving property owners more protections.
It seems the only people in America without a powerful lobby group are actual American citizens. See: Charting the American Oligarchy – How 0.01% of the Population Contributes 42% of All Campaign Cash
Prosecutors say forfeiture laws help ensure that drug traffickers, white-collar thieves and other wrongdoers can’t enjoy the fruits of their misdeeds and help curb crime by depriving criminals of the “tools” of their trade. Under federal law and in many states, a conviction isn’t required.
“White-collar thieves,” they say. Yet I haven’t seen a single bank executive’s assets confiscated. Rather, they received taxpayer bailout funds with which to pay themselves record bonuses after wrecking the global economy. Don’t forget:
The U.S. Department of Justice Handles Banker Criminals Like Juvenile Offenders…Literally
In Texas, lawmakers introduced more than a dozen bills addressing forfeiture during this year’s legislative session, which ended Monday. Some would either force the government to meet a higher burden of proof or subject forfeiture programs to more stringent financial disclosure rules and audits.
But only one bill, which law-enforcement officials didn’t object to, ultimately passed. It requires the state attorney general to publish an annual report of forfeited funds based on data submitted by local authorities. That information, at the moment, is only accessible through freedom-of-information requests.
This is what a corporate-statist oligarchy looks like.
Shannon Edmonds, a lobbyist for the Texas District and County Attorneys Association, said local enforcement officers and prosecutors “educated their legislators about how asset forfeiture really works in Texas.
Maryland Gov. Larry Hogan last month vetoed a bill that would, among other things, prohibit the state from turning over seized property to the federal government unless the owner has been charged with a federal crime or gives consent.
Remember, the terrorists hate us for our freedom.
Prosecutors said the Tenaha episode was an isolated breakdown in the system. “Everybody knows there are bad eggs out there,” Karen Morris, who supervises the Harris County district attorney’s forfeiture unit, told Texas lawmakers at a hearing this spring. “But we don’t stop prosecuting people for murder just because some district attorneys have made mistakes.”
When police aren’t out there stealing your hard earned assets without a trial or charges, they can often be found pounding on citizens for kicks. I came across the following three headlines this morning alone as I was the scanning news.
Cop Exonerated After Being Caught on Video Brutally Beating A Tourist Who Asked For A Tampon
Kids in Police-Run Youth Camp Allegedly Beaten, Threatened By Cops
Florida Cop Charged With On-Duty Child Abuse; Suspended With Pay
This is not what freedom looks like.
»
- 7170 reads
- Printer-friendly version
- Send to friend
- advertisements -
Barney FIEFdumbs
I wish they would confiscate my mortgage.
This is exactly why there's no such thing as 'good' cops. Anyone who wishes to partake in the corrupt system is scum.
While it doesn't apply to the feds, civil asset forefiture has been banned here in NM for local LEOs unless the person is convicted of a crime. No conviction, no forefiture. IIRC, the law goes into effect on July 1st.
Is there anything so obviously anti-constitution/bill of rights than civil asset forfeiture?
Animals have behaviors/concepts of my property and our property but not your property.
Civil asset forfeiture is just another example of the animalistic nature of government.
A New Zealand court has found in favor of Kim Dotcom’s attempt to halt the American government forfeiture of his New Zealand-held assets.
The Wednesday decision by the High Court of New Zealand, Auckland Registry, essentially found that because Dotcom lost the civil forfeiture case by default judgment in March 2015, under an American legal theory known as the "doctrine of fugitive disentitlement," and that New Zealand law did not recognize such a concept, then his assets should not be handed over. In recent months, the American government has tried to work with its New Zealand counterparts to have this forfeiture enforced.
http://arstechnica.com/tech-policy/2015/06/kim-dotcom-gets-to-keep-his-m...
;-D
Caedite eos. Novit enim Dominus qui sunt eius https://en.wikipedia.org/wiki/Caedite_eos._Novit_enim_Dominus_qui_sunt_e...
Keep up with the Unites States of Police here:
www.informationliberation.com
I never moved to Mexico. Why does it feel like I"m living in Mexico.
never say never
ROMEO VOID (1981)
https://www.youtube.com/watch?v=4x0fPZrPV3M
The slump by the courthouse
With windburn skin
That man could give a fuck
About the grin on your face
As you walk by, randy as a goat
He's sleepin on papers
When he'd be warm in your coat
Mexico moved here. Including their brand of law enforcement. There is no government action that is not focused on control or revenue.....or both. Once we are captured by digital currency, we won't have to endure roadside shakedowns, they can simply confiscate electronically. All for our greater CONvenience.
"Mexico moved here. Including their brand of law enforcement."
Ya know, I've been thinkin on that, which is always dangerous...lol...diplomats. The problem with diplomats is they come back and report how other countries "deal with" the citizenry.
Somewhere in the power structure some pencil-necked geek sitting behind a desk starts opining about how their life (governments & bureaucrats lives) would be so much easier if it were adopted here. Maybe not the local gendarmes hanging out on every corner with fully automatic weapons eyeballing pedestrians right away but a "softer kinder brand of law enforcement".
Maybe, just a check point...errr, ahhh, "safety check" (to make sure everything on the vehicle is in good working order), then these can be expanded for the Happy Hour crowd (anyone remember something called Happy Hour?). Then, time to bore down deeper, you're not competent enough to drive your own vehicle without being tethered to it so the "suggestion" is made to wear a seat belt (for your own protection, of course). They love us, they really do! Then, its mandatory seatbelts and fines for not wearing it. Then traffic cameras (again, for the publics safety, of course!) to nickel & dime the peeps.
Pretty soon its open season on anyone trying to just drive down the road to get a gallon of milk.
Diplomats & pencil-necked geeks armed with spread sheets are my first target.
Those pencil neck geeks are not anoymous, they are true believers. And none of this was their idea.
In your town, it is likely the brainwashed minions are working to enslave you, under the banner of comfort, security and freedom.
Agenda 21 has likely already taken over your town, focus on unwinding this first.
For extra double plus good knowledge, read up on the Delphi Technique.
Watch how they herd livestock. Fences and occasional squeeze chutes. Nothing too oppressive, just constant passive but firm direction. We are where we are because it was the simplest easiest path. Our world is engorged with CONveniences, all of which are designed to "direct"us while also creating dependence upon them. There is nothing in our current world that forces us to do anything, life has simply been constructed to make those alternate choices more and more difficult, a more "expensive" liberty, that fewer and fewer are willing to pay for.
We rant and rail at the indignity of our loss, the unfairness of it all, when in reality we are just complaining of the cost.
From a guy who knows sqeeze chutes from shinola, my clan has heard your words echoed from here to the dinner table, time and again.
Free will decisions. Choices DO make the man.
@Oldwood nice post, man
There are signs, however, that the whole herd is on the wrong path.
From my experience working in a Pork Processing Facility (read slaughterhouse), pigs are taken on trucks to holding pens.
Once they reach the pens, they are struck with a hammer that has small needles on it, tattooing the pig. They are then given their shots (and if those shots get infected by pig shit getting stuck in there, it creates nasty, nasty abscesses).
Once it's their turn to go, the are gently paddled on a strict path, leading into a box. Once the door closes behind the pigs...it's time to turn on the CO2. Night night, Miss Piggy.
After they're asleep, they have their throats slit, get hung up, have their heads chopped off, get cut in half...processed.
A saying at the plant was "The only thing we don't use (from the pigs) are the screams."
The Reconquista ("reconquest") is a term that is used to describe plans by different individuals, groups such as La Raza to reconquer the U.S. Southwest, territories that had pertained to Mexico before the Texas annexation (1845). Maybe their scope and ambitions were grander than that.
Miffed
La Raza is a queer org, just think about it.
What they claim "is theirs" was gotten before there was even a "Mexico". It was the Spanish Empire, a monarchy, that unleashed "conquistadors" to subjugate the native peoples.
So what La Raza really wants (or claims) is something gained by murder, by european Spanish kings & their mercenaries.
What a novel idea, conquest. I understand they've got some nice beaches down there ;-)
".......warning legislators that passing such laws would deprive them of a
potent crime-fighting tool and rip a hole in law-enforcement budgets."
Bingo. The only reason it still exists. Theft is profitable and it allows moar government spending.
Bingo is right; it's all about the money. BTW, it's ALWAYS about the money.
Ooops....I moved to the tropics....let them come find me and take my property....I have nothing left in the United States...
As the US becomes moar and moar desperate they will strong arm any country they can into finding and repatriating all those long lost 'Mericans.....or at the very least their assets.
In other words the US won't need to find you. They will 'employ' the locals to do the dirty work, which I am sure will be 'rewarded' handsomely. Never under estimate the level of insanity the desperate will engage in. If allowed, the drowning and panicked swimmer will take the rescuer down with him to the bottom of the lake.
The only answer is to renounce citizenship. Best hurry because the cost of leaving the club will go up exponentially when shit starts getting ugly.
Here in Calif we had one of the most famous tragic cases:
http://www.saveourguns.com/scott001.htm
God help anyone when the police have an agenda.
We asseted some folks...
I can agree to some form of freezing pending an explanation or proof of how the assets were acquired but forfeiture is just a bully boy tactic that probably also serves to top up some of these people's retirement accounts.
Can you prove that you own the shirt on your back?
I made it myself...can anyone prove otherwise
"
Prosecutors say forfeiture laws help ensure that drug traffickers, white-collar thieves and other wrongdoers can’t enjoy the fruits of their misdeeds and help curb crime by depriving criminals of the “tools” of their trade. Under federal law and in many states, a conviction isn’t required.
“White-collar thieves,” they say. Yet I haven’t seen a single bank executive’s assets confiscated. Rather, they received taxpayer bailout funds with which to pay themselves record bonuses after wrecking the global economy. Don’t forget:
The U.S. Department of Justice Handles Banker Criminals Like Juvenile Offenders…Literally"
----
Back in 2002, I will never forget a deputy radio dispatch regarding a traffic stop in Maine (by another deputy). The deputy who was on the radio was well known for liberating posessions from homes of recently deceased individuals, and who was quite drunk slurring his words to didpatch, advised that the persons stopped were coming back from Quebec and probably had a lot of money on them. They went across the border to a titty bar for chrissskes and wouldnt dare cross bsck through customs with drugs or driving drunk.
As a Fire chief at the time it took all my strength to not radio Dispatch and request that that deputy be removed from duty and take a breathalyser test.
When I see white collar criminals lose property maybe I will begin to regain a little respect for this seriously broken system. But I doubt it will ever happen.
I am thinking the cops would have a field day hanging around Jon Corzine or Goldman Sachs. Lots of loot to plunder.
Why the hell didn't you radio dispatch to have him removed from duty? You were part of the problem.
Good luck to anyone who steals my wealth. I'll die on my feet rather than live on my knees.
That phrase originated in Cuba. Gen. Emiliano Zapata from Mexico made it famous.
You are right.
The employees who work for taxpayers need to be brought down a whole bunch of notches and for those living on EBT, live within your means and if you have to flip burgers, even if you have an education or pick veggies for some farmer, do it.
Problem is everyone thinks the're entitled.
About time responsibility for self and family started taking a front seat.
There is really only one effective remedy here.
Assuming that some people evolve into stronger people, rather than devolve into sheeple...
I'd guess that eventually people will travel in Convoys. If one vehicle gets pulled over, they all pull over. To... "assist as required in the process". Numbers make for witnesses: with camera phones and CWL's. How civil things remain will then depend on the patrol cop, his IQ and desire to "live long & prosper".
"When good people remain silent, evil prospers". No matter how many guns you got at home.
Never underestimate the power of a sniper at a police checkpoint. Glorified mall cops don't have the belly for that.
Miffed
One platoon over open ground will close on and eliminate a sniper. Only if the sniper can pin his opponents down can the situation be stalemated.
You assume the sniper is alone ;-)
"Shoot and scoot" works most of the time.
Swift Silent Deadly
How sweet. Roza Shanina would enjoy the company. If I could only shoot as well as she.
Miffed;-)
You have hit on the solution. We must become smaller, more local, and willing to stand up for our fellows. If we can become smaller, resist the globalization-push, we win.
We must become tribes again, in a land of nations. Then clans in a land of tribes. Then families in a land of clans.
Devolution, baby.
Yeah voting is like getting in it with a tar baby, we have crossed a bridge too far already.
..they really are trying to push us into something.
> Efforts to limit seizures of money, homes and other property...are stalling out...
what an utterly shocking turn of events...
Kinda gives oathkeepers another meaning.
It's the American Revolution all over again. It's freakin eery.
Like a pack of school yard bullies. Just keep laughing.
Riiight. The rule of law is fully functional. . .
The 25% wealth tax is coming. It is the only way for the USA to remain solvent. $80 trillion in privately held assets. 25% of that wipes out the deficit. The super rich are busy generation-skipping their 10s of millions, but this wont matter. The wealth tax cometh. Civil asset forfeiture is only the precursor to what is coming. I'm buying more land. After they take it, I want to be able to send 'greetings' to whomever they install on it.
This is a great deal, BTW. Sends great 'greetings'.
http://www.cdnnsports.com/firearms.html?brand=2135&cat=15
Don't neglect stocking up on the blue tip and black tip.
This is the equivalent of slamming the iron gate. If foreign banks are turning away US citizens due to arbitrary US laws, and now if cops and border agents are going to shake down what you have on your person at will, how can you leave the country? This country owns you and has leveraged an unrepayable debt against all it's slaves.
America.... the next boat people.
As they keep pushing more and more people are going to snap . . . I'm pretty sure this is their plan all along.
...and snap they should.
In my book, the minute you understand what is being done to you, Castle Doctrine and Stand your Ground both apply.
Oh yes, you really are on your own. Whether the ATMs and gas pumps still work or not.
"US Police And Prosecutors Fight To Retain Barbaric Right of “Civil Asset Forfeiture”
Sorry Charlie, but it was "barbaric" before the Constitution. Now it is just plain Unconstitutional and an Article 3, Section 3, treason, violation.
Claiming and utilizing authority to send forces to take Life, Liberty, and/or Property by force or murder without "due process of law," are "levying war." Those dispatching those forces, and those forces so obeying such an order, are "levying war," and are therefore committing acts of treason that they will be held accountable for.
They are also committing oath violations and crimes against humanity.
Liberty is a demand. Tyranny is submission..
Hey, what can I say, "It's the 'law...of the land.'"
Fascism/Nazism is cascading down to state and local governments and the police. History shows that Fascism can only be stopped by force. We have been officially "post constitutional" since 9/11. The Un-Patriot Act, the NDAA and the Un-Affordable Care Act illustrate this.
Barbarism is a natural trait of fascist societies. Anyone who doesn't agree with this needs to look at who is writing the laws and treaties. Passing secret laws and treaties is another fascist bell ringer.
The Fascists have been waiting for the previous generation to die off as there would have been way too much resistance. Now they have us broken into various factions and squabbling with one another, they offshored the production so much of the population would be dependent upon government and in debt up to their ears. They have captured the education system, the judicial system and the military.
Mentioning the Constitution is a waste of breath. Brute force or a complete economic collapse taking out a large chunk of population is the only domestic method that may dislodge them other wise someone else (Russia?) will have to deal with us as a fascist state like the u.s.a cannot coexist with another state it doesn't control.
Asset forfeiture is a form of largesse for police that they will fight for because that's where they make their sideline money as full time criminals and part time police. As long as some sort of legislation allows them to pocket the proceeds of crime they will support crime to get the proceeds. Just as war is a racket so is policing. Police are the largest street gang in the World and their oath is to themselves. Police protect & serve themselves to taxpayer money, and assets, everyday. Police are worse than criminals in so far as they are criminals with a badge to uphold their crimes against humanity that a corrupt judiciary fully sanctions because the judges are criminals too.
Institute for Justice represented that NC convenience store owner and the 112,000 dollar seizure for alleged "structuring" activity (Depositing small sums...lower than the mandatory banking reg reporting requirement of 10k). I contributed $25 for their efforts. It takes money for these ngo's to fight the fight; like the Rutherford Institute, Judicial Watch, Landmark Legal Foundation etc. I only mention it because look at the power of the ACLU and the Sierra Club with a few hundred thousand members and the destruction their members bankroll.
Asset forfeiture is just a predictable component of the deflationary collapse in process. Credit bubbles always burst, some quite violently. This one will be as violent as we've ever seen...
http://www.globaldeflationnews.com/anatomy-of-a-bubble-how-the-federal-r...
The war on drugs is the new slavery. You get poor folks to sell drugs that you imported. Then, you arrest them, take their stuff and stick them in the prison. Release and repeat. The majority of gullible voters agree with this scam.
The Chicago Crime Commission has been doing God's work for nearly 100 years.
Look how much better off Chicago is as a result of the Crime Commission's tireless efforts.
/sarc
This is the genius of their actions. By creating commissions and interest groups to correct perceived injustices, only to find them more corrupt that the original offense, creates a sense of futility in the public that impedes them from pursuing ANY organized attempt to stop corruption.
I'm to the point I won't even support the NRA as after joining I received an endless stream of phone calls asking for money. Guess what....I didn't believe them. I decided that it was about money, not MY interests. Of course it may be why cheap old fucks like me continue to get run over!
In reality it may be complete futility to think any personal resistance accomplishes anything, but after decades of watching one group after another ultimately turn against my interests, I feel I have no other choice.
In case you didn't know, prosecutors offices across the nation are the proving grounds for future politicians. Prosecutors get paid to lie, bury evidence, and fool the public and then graduate to political office. They also learn how to grease palms and suck political dick.
I expect to see tax offices and prosecutors offices on fire from sea to shining sea during my lifetime.
All components are a functional part of corruption. This is what make corruption so pernicious, it is a natural organic and destructive organism.
Couldn't someone win the presidential election by championing this issue?
Can you imagine the debates?
Ask Ron Paul.
This program is one of most heinous and dangerous tool for punishing even smallest dissent or civil disobedience within US population. It removes veil over so-called law enforcers and shows who they are: courtiers of totalitarian Anglo-American regime hired to subdue fellow citizenry for stolen silver coins.
But it's even worst as revealed in post below:
https://contrarianopinion.wordpress.com/2015/01/19/property-of-none/
Civil forfeiture has been repeatedly ruled constitutional by constitutionally-created courts since 1827 but I still worship the Constitution and glorify the great job it has done to prevent the government from implementing the tyrannical practices of King George such as his universal surveillance, internal police checkpoints, paramilitary raids on homes, the protection of a separate class of people who are above the law, gun bans, corporate bailouts, bans on drugs and other such Intolerable Acts.