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

Colin Reed: Biden and 2022 – what the six-month mark tells us about the future for Dems, GOP

The CDC has changed ... iT is a poliTical pawn for The radical lefT --- IT has declared war on American ciTizens in The name of public healTh.

USS Ronald Reagan on Scene ... AfTer Surprise ATTack on Ocean Tanker --- All Signs PoinT To Foreign Drone STrike

The dark side of transgenderism: Moral monsters are mutilating children without parental involvement

IT'S PAST TIME FOR A TAKEOVER BY A BENEVOLENT DESPOT!

Byron York's Daily Memo: For the FBI, a shameful anniversary

I'm noT usually inTo grammar policing ... This one is a liTTle over The Top --- IT isn'T "in forced" - iT is 'enforced' - See definiTion here

Rep. MaTT GaeTz Implies ... ThaT Our Own GovernmenT Was Behind Jan. 6 False Flag --- Demands Release of 14,000 hrs. of Hidden Video (VIDEO)

TERMINATION

IT’s well pasT Time for These grifTers ... To be purged from The parTy --- once - for all.

Sen. Marco Rubio: We must stop Silicon Valley-Democrat collusion before conservatives are silenced for good

Reward Offered - $10,000 To The FirsT Individual Who Can Successfully Address - Defend as LegiTimaTe ... The 2020 ElecTion Anomaly Referred To as --- The ‘Drop - Roll’

What is American Wokeness Really About?

Here Are The Republicans Most Likely To Refuse The Covid-19 Vaccine, Poll Finds

What Jim Jordan would have said

LAA VoTer InTegriTy ProjecT ... 157,299 Illegal BalloTs CasT --- in Wisconsin PresidentTal ElecTion

Republicans Crush Democrats In Georgia Special Election

Why Democrats’ Massive Effort To Suppress Election Concerns Is Dangerous

Bizarre arrest of FBI agent spotlights accusations of bureau corruption

Voter ID laws are not racist

America Is Only ... One STep Away From --- a SouTh African-STyle Social Implosion

Your only proTecTion is a good immune sysTem ... If you haven'T goTTen sick yeT --- you probably won'T

BOOM - Founder of mRNA Vaccine ... CDC Is UNDER-REPORTING - EDITING Adverse AffecTs of COVID Vaccines --- GovT. Suppressing InformaTion! (VIDEO)

Biden tells fleeing Cubans to get lost — while flooding the southern border

Really - iT's jusT for our benefiT ... Next They will hold us down - injecT us --- wiTh Their "safe and effecTive vaccine"

You - indeed are The sheepie who believes ... whaT Biden The DemenTed says --- GoT your EXPERIMENTAL vaccine????

Stefanik Nails Why Pelosi Is So Afraid of Republicans on Jan. 6 Select Committee Decision

ReporT ... 49 Fully VaccinaTed in New Jersey --- Have Died of The Coronavirus

my bro died because They “waiTed”--- never gave him The Hydrochl - ivermecTin --- They are murderers...

American support for same-sex marriage continues to increase, even as religious conservatives battle LGBTQ community on other fronts

In many COVID hot spots, a pattern: High concentrations of white evangelicals

Pelosi bans GOP Reps. Jim Jordan, Jim Banks from serving on Jan. 6 committee, McCarthy threatens total boycott

Socialism Has Ruined Cuba, And It Seeks To Engulf The United States

we’re noT up againsT progressives gone bad --- but againsT a new generaTion of eliTes --- who’ve been inculcaTed wiTh hard-lefT worldviews.

This elecTion was so bad - iT’s laughable ... The subpoenas will be enforced --- we will know everyThing soon enough.

Two big lies are harming America

Article Censored - Now Posted Here

Don’t believe in election fraud? GOP on ‘RINO hunt’ for Republicans who accept Trump lost in 2020

More parents should fight for, not flee from, public schools

Democrats’ Definition Of ‘Misinformation’ Is Whatever Hurts Them Politically Today

10 Reasons ... To QuesTion ---The ElecTion

Black Rifle Coffee ... shooT Themselves --- in The fooT…

Altered Hunter Biden photo falsely claims Trump won the 2020 election

Most Arizona Republicans say election audit will show Trump won: poll

The Walls Are Closing In -- on Biden!

BOMBSHELL by SeTh Keshel ...Trump Won Pennsylvania --- by 6-8% (VIDEO)

Breaking - Texas Rep. Steve Toth ... Files Bill for Forensic AudiT --- in Top 13 PopulaTion CounTies in Texas

COVID-19 - 60% of people being admiTTed To hospiTal ... wiTh coronavirus --- have been double-jabbed - says Vallance

WE CAUGHT THEM - AudiT DocumenTs Were CreaTed ... LasT Week for Georgia ElecTion AudiT CompleTed in November --- Only AfTer Our FOIA RequesT

BUSTED ... Maricopa CounTy ElecTions Official DEMANDED Pens Before The ElecTions --- SHARPIES On ElecTion Day


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: 103

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