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Corrupt Government Title: These states let police take and keep your stuff even if you haven’t committed a crime Most states in America lets police take and keep your stuff without convicting you of a crime. These states fully allow whats known as civil forfeiture: Police officers can seize someones property without proving the person was guilty of a crime; they just need probable cause to believe the assets are being used as part of criminal activity, typically drug trafficking. Police can then absorb the value of this property be it cash, cars, guns, or something else as profit, either through state programs or under a federal program known as Equitable Sharing that lets local and state police get up to 80 percent of the value of what they seize as money for their departments. So police can not only seize peoples property without proving involvement in a crime, but they have a financial incentive to do so. Its the latter that state restrictions on civil forfeiture attempt to limit: Police should still be able to seize property as evidence. But the restrictions in some states such as California and New Mexico make it so, under state law, they cant keep that property without a criminal conviction under many circumstances and therefore wont be able to take peoples property as easily for personal profit. A minority of states limit forfeiture in different ways. For example, in New Mexico and North Carolina, a court must convict the suspect of a crime before the same judge or jury can consider whether seized property can be absorbed by the state. In Minnesota and Montana, meanwhile, a suspect must be convicted of a crime in court before the seized property can be absorbed by the state through separate litigation in civil court. And in California, the state requires a conviction for forfeiture but only to financial seizures worth up to $25,000; a boat, airplane, or vehicle; and any real estate. These limitations dont entirely stop police from seizing someones property cops can still do that with probable cause alone, and hold the property as evidence for trial. But the government wont be able to absorb the property and its proceeds without convicting the suspect of a crime. This limits police seizures in two ways: It forces cops to show the suspect was actually involved in a crime after the property is seized, and it can deter future unfounded seizures for profit since police know theyll need to prove a crime. But local and state cops in these states can still use federal law for civil forfeiture. Lee McGrath, legislative counsel for the Institute for Justice, a national nonprofit that opposes civil forfeiture, said that police in most states with restrictions on civil forfeiture can still work with federal law enforcement officials to take peoples property without charging them with a crime. Only New Mexico limits local and state police departments ability to work with the federal government in forfeiture cases by requiring the value of seized property to be more than $50,000 before federal forfeiture can be used. There are other limitations in some states, too. Some state laws dont let police agencies absorb proceeds from forfeitures into their own budgets, instead directing the funds to the general budget. Advocates say this helps remove the personal financial incentive police have to take and keep someones property. But theres another loophole through the federal law: If local and state cops can work with federal law enforcement, they can still conduct forfeitures and their police departments can keep as much as 80 percent of the proceeds regardless of what state law says. Despite the loopholes made available through the federal law, groups like the Institute for Justice have praised states for taking steps to limit civil forfeiture a policy that has long been mired by criticisms and horror stories of police abuse. Critics have long argued that civil forfeiture allows law enforcement to essentially police for profit, since many of the proceeds from seizures can go back to police departments. People can get their property back through court challenges, but these cases can often be very expensive and take months or years. The Washington Posts Michael Sallah, Robert OHarrow, and Steven Rich uncovered several stories in which people were pulled over while driving with cash and had their money taken despite no proof of a crime. The suspects in these cases were only able to get their property back after lengthy, costly court battles in which they showed they werent guilty of anything. Ive also covered the story of college student Charles Clarke, who was at the airport when police took his life savings of $11,000. Police said they smelled marijuana on Clarkes bags but they never proved the money was linked to crime, and Clarke provided documents that showed at least some of the money came from past jobs and government benefits. The Institute for Justice, which is involved in Clarkes case, estimates that 13 different police agencies are now seeking a cut of Clarkes money. Its stories like Clarkes that have driven some states to enact reforms. But the federal government and 45 states still fully allow civil forfeiture. Its ridiculous. I think it needs to change, Clarke told me in June. I dont think the cops should be allowed to take somebodys money if they havent committed any crime. Were treating innocent people like criminals. Post Comment Private Reply Ignore Thread Top Page Up Full Thread Page Down Bottom/Latest Begin Trace Mode for Comment # 2.
#1. To: Deckard (#0)
If you live in one of those states, either move or change the law. If you don't, WTF do you care? Do you think you should be allowed to tell the citizens of another state how to live their lives? Can they tell you how to live yours? Mind your own business.
Yeah - sure. If you don't, WTF do you care? Law Enforcement: Traveling From Anywhere To Anywhere Is Suspicious Behavior Keep cheering for tyranny and robbery by armed road pirates - you know, the cops who in your statist mind can do no wrong. Effing fascist prick.
#3. To: Deckard (#2)
(Edited)
Yeah, and you keep telling everyone how to live their lives -- you officious prick.
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