[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

President Trump, A Formidable Candidate In 2024 Republican Primaries: Golden/TIPP Poll

The Red Wave Is Not Just Inevitable, It’s Also Conservative

How liberal policies have killed black communities: Clarence Thomas

UPDATE ON JIM ROBINSON

STRANDED!!! Lake Mead's Water Dropped Too Fast!!!

A Supreme win for school choice

The More Americans Decide The System Is Rigged, The More They Will Silently Rebel

How Donald Trump Saved the GOP

Marching in Time

Mortgage Rates Explode and Housing Crash Imminent - With Scott Walters and The Economic Ninja

A Warning From A Farmer

What I Just Learned Will Shock You

Lake Mead Drought Update!!! What's Going On?!!!

"Homosexuals Are Coming For Your Kids Via Disney... They Want Us To Be Just Like Them"

Go read this report about a Google contractor who claims he was fired for calling out cult activity

WAYNE ROOT - My LaTesT Exclusive InTerview wiTh PresidenT Trump ... The RevelaTions - His Shocking Response AbouT Running for House Speaker --- Proof America is Under CommunisT ATTack

EXCLUSIVE: Rubio questions Harvard on Fauci-China cover-up

Can ChrisTian Russia ... save The world --- from globalism?

All in all it's just the groomers on the prowl "Another Brick in the Wall"

North Korean defector: I am terrified of the 'massive indoctrination coming from the left' in public schools

Trump vs DeSantis: Who Should Patriots Support for 2024?

Disney Disaster: United Arab Emirates Bans Pixar’s ‘Lightyear’ over Lesbian Kiss

The entire hood came out to beat this white man and they stole his car. Leftists be like 'stop profiling people'.

The FBI knew RussiaGate was a lie — but hid that truth

The narraTive is shifTing fasT ... Zelensky may soon see his --- 'supersTar' sTaTus in The WesT on The decline

The Eerie Silence Around Kavanaugh Assassination Attempt

FReepers have always supporTed him ... he goT sick --- can’T be There for all of you.

Kayleigh McEnany calls out Harris for failing to condemn threats against Kavanaugh: 'Where is the media?'

Colin Kaepernick Transitions In Order To Make Carolina Panthers Cheer Squad

ABC News: Our Numbers Show Biden Is a 'Serious Drag' on Democrats

Will Boudin Be the First Soros D.A. to Fall This Year?

Woke LA District Attorney strikes out in California court

Media Group Backed By George Soros And Obama Staffer Buys Conservative Latino Radio Stations Ahead of Midterms

Transfaggots want women to spend more time smelling their poop

Trumpology

Parents are still being treated like terrorists

If Schools Don’t Let Boys Into Girls’ Bathrooms, Biden Will Take Their Lunch Money

The Cancer of Election Fraud

California Spills Water into Ocean rather than letting Farmers Grow Rice

Bertrand Russell - Message To Future Generations (1959)

The bodies of those who were killed on the fields of the war in Donbas. A reportage

New bid to spin Hunter BidenÂ’s laptop

Yuma County School Board Member Set To Plead Guilty For 2020 Election Ballot Trafficking Crimes As Exposed In “2000 Mules”

Big Pharma Boss Caught FAKING His COVID Vaccination Status; Injected Himself With Salt Water Instead… Now Facing Criminal Charges

Ricky Gervais - Trans Women

Race-Based Illness at the Best of the Best

Shouldn't Hillary Clinton Be Banned From Twitter Now?

"GoFundMe for Son's Hormone Blockers!" (5 year old)

Charlie Kirk Wrecks Pro-Trans Wet Leftist

Watch the Ugly Cunt Lila Grace Rose tell her baby she could have killed it


Status: Not Logged In; Sign In

U.S. Constitution
See other U.S. Constitution Articles

Title: Rand Paul Tries (Again!) To Make It Harder for Police To Take Your Stuff
Source: Reason
URL Source: https://reason.com/2020/06/26/rand- ... e-to-take-your-stuff/#comments
Published: Jun 26, 2020
Author: Scott Shackford
Post Date: 2020-06-28 14:18:03 by Deckard
Keywords: None
Views: 118

randpaulforfeiture_1161x653

(Bill Clark/CQ Roll Call/Newscom)

Amid popular calls for policing reform, a handful of senators are resurrecting a bill to make it harder for police to take people's property without first convicting them of crimes.

Sens. Rand Paul (R–Ky.), Mike Lee (R–Utah), Mike Crapo (R–Idaho), and Angus King (I–Maine) reintroduced the Fifth Amendment Integrity Restoration (FAIR) Act this week to significantly restrain the federal use of civil asset forfeiture, a practice that lets police and prosecutors seize and keep property they claim are associated with criminal activity.

Because the process is "civil," it often allows police to do this without ever proving the property owner has committed a crime, or even charging them with criminal action. Those facing the forfeiture process often have to pay for their own lawyers (if they can afford lawyers, what with their assets being seized) and face a complex bureaucratic process stacked against them.

This was sold as a way to fight drug cartels, but over the past several decades it has become clear that cops are abusing the process to pad their budgets and payrolls. Instead of drug kingpins, the targets are frequently poorer people, often minorities or immigrants, who lacked the financial resources to fight back when police took their property. Law enforcement agencies have raked in more than $35 billion in this way over the last two decades.

Several states have tried to curtail abuses by imposing their own restrictions on forfeitures, but the federal Department of Justice's programs can be used to bypass state-level restraints. The Justice Department's Equitable Sharing program allows local law enforcement agencies to team up with the FBI or Drug Enforcement Administration to do a raid, then launder the assets they seize through the feds and keep much of it.

The FAIR Act would eliminate such "equitable" sharing, forcing law enforcement agencies to comply with state-level restrictions on forfeiture. It also increases the evidentiary threshold for forfeiture, requiring "clear and convincing evidence" that the property to be seized is connected to a crime, compared to the current, much looser standard or a "preponderance of the evidence." It's still not the same "beyond a reasonable doubt" threshold to get a conviction, but it's nevertheless an improvement.

The bill would also make sure that people subjected to federal forfeitures would receive appointed counsel if they need it. And it would reduce the profit motive to engage in forfeiture by directing the money seized in this way to the Treasury's General Fund, to be distributed by Congress rather than be sent directly to law enforcement agencies.

"The federal government has made it far too easy for government agencies to take and profit from the property of those who have not been convicted of a crime," Paul said in a prepared statement. "The FAIR Act will uphold the Fifth Amendment and ensure government agencies no longer profit from taking American citizens' property without due process. It will guard against abuse while maintaining the ability of courts to order the surrender of proceeds of crime."

Paul attempted to get this bill passed back in 2014, but it languished at the Senate Judiciary Committee. Rep. Tim Walberg (R–Mich.) has sponsored the House version, which has attracted co-sponsors from both major parties, but it has also been stuck in committee since May 2019.

This time Paul says he'll be attempting to attach the FAIR Act as an amendment to any police reform bill the Senate might consider. Unfortunately, it's not clear that the Senate will actually be considering any of them. Senate Democrats refused to support a Republican-sponsored bill organized by Sen. Tim Scott (R–S.C.) because it didn't go far enough for them. Meanwhile, the bill Democrats pushed through the House last night included a provision that would strip officers of qualified immunity, an idea that Senate Republicans don't want to consider.

So ultimately there may not be anything for Paul to actually attach the FAIR Act to. We'll have to see.

(2 images)

Post Comment   Private Reply   Ignore Thread  


[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com