Civil Forfeiture Laws Are Wrong. Can We All Agree on That?

 

Another example of actions by the police that show a lack of Protect and Serve. No one should have their things seized when they are not convicted of a crime. No one should have to sue to get their car back.

I especially like the bit where the police ask if the car is paid off. Really telling.

I want to support the police, but I don’t support thieves any more than I support looters.

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  1. Flicker Coolidge
    Flicker
    @Flicker

    kedavis (View Comment):

    Flicker (View Comment):

    kedavis (View Comment):

    Flicker (View Comment):

    kedavis (View Comment):

    Flicker (View Comment):

    kedavis (View Comment):
    Especially if you’re driving all over and risking having it be lost or stolen in various ways.

    So it’s the cops stealing it then?

    That’s far from the most likely bad outcome.

    But it’s the worst outcome because the police are there to protect people and property, not walk off with it.

    Worst, yes. Except I guess for the possibility of criminals taking it, AND all the other stuff you have, AND killing you and maybe those around you

    This idea that it’s fine to carry cash except for the dastardly cops, sounds like… I dunno… building your house without a roof because a one-in-a-million microburst might tear it off, but rain is less of a concern to you?

    Actually, it looks like the truth is the opposite of your argument. You’re saying don’t ever carry cash, or have it visible in your home, or even in a private safe in your home, because of the off chance of a criminal gang breaking into your home, and asking you if you are storing large sums of money, leading to the possibility of criminals taking it, AND all the other stuff you have, AND killing you and maybe those around you.

    But that doesn’t happen driving down the interstate. The police do this with the full support and encouragement of the law. You are basically saying it’s better that the police steal your earnings or your life savings (they’ve done this, too) than any other run-of-the-mill armed criminals. This is an upside down concept of law and order.

    No, it’s not about “driving down the interstate.” It’s about stopping at rest areas for… rest…., restaurants for meals, gas stations for fuel, etc. Any of which could lead to being robbed, not counting possible road-side breakdowns, etc.

    And I’m not saying it’s BETTER. I’m saying it’s FAR LESS OF A RISK. So the idea that the primary risk of carrying cash is that the POLICE might take it from you, versus all the other thieves etc, is silly. So you have a list of 400 people whose cash was taken by the police, over… what, how many years? Versus how many people get their cash taken by muggers, etc, in a place like New York or Chicago, maybe in a SINGLE DAY???

    To use a Biden-ism, “come on, man!”

    Well, death is worse by murder than dying by an accident.  And theft is worse when it’s done by your protectors.

    Theoretically at least there was a time when police would try to find criminals and restore your property.  Now they are the thieves taking your property.  I’m trying to figure that one out.

    • #91
  2. kedavis Coolidge
    kedavis
    @kedavis

    Your concern/worry about police vs “actual criminals” sounds like these:

     

     

    • #92
  3. kedavis Coolidge
    kedavis
    @kedavis

    Similarly, death by accident is far more likely than death by murder.

    Unless maybe if you’re a black person in Chicago or New York City etc.

    • #93
  4. Flicker Coolidge
    Flicker
    @Flicker

    kedavis (View Comment):

    Flicker (View Comment):

    kedavis (View Comment):

    Flicker (View Comment):

    kedavis (View Comment):

    Flicker (View Comment):

    kedavis (View Comment):
    Especially if you’re driving all over and risking having it be lost or stolen in various ways.

    So it’s the cops stealing it then?

    That’s far from the most likely bad outcome.

    But it’s the worst outcome because the police are there to protect people and property, not walk off with it.

    Worst, yes. Except I guess for the possibility of criminals taking it, AND all the other stuff you have, AND killing you and maybe those around you

    This idea that it’s fine to carry cash except for the dastardly cops, sounds like… I dunno… building your house without a roof because a one-in-a-million microburst might tear it off, but rain is less of a concern to you?

    Actually, it looks like the truth is the opposite of your argument. You’re saying don’t ever carry cash, or have it visible in your home, or even in a private safe in your home, because of the off chance of a criminal gang breaking into your home, and asking you if you are storing large sums of money, leading to the possibility of criminals taking it, AND all the other stuff you have, AND killing you and maybe those around you.

    But that doesn’t happen driving down the interstate. The police do this with the full support and encouragement of the law. You are basically saying it’s better that the police steal your earnings or your life savings (they’ve done this, too) than any other run-of-the-mill armed criminals. This is an upside down concept of law and order.

    No, it’s not about “driving down the interstate.” It’s about stopping at rest areas for… rest…., restaurants for meals, gas stations for fuel, etc. Any of which could lead to being robbed, not counting possible road-side breakdowns, etc.

    And I’m not saying it’s BETTER. I’m saying it’s FAR LESS OF A RISK. So the idea that the primary risk of carrying cash is that the POLICE might take it from you, versus all the other thieves etc, is silly. So you have a list of 400 people whose cash was taken by the police, over… what, how many years? Versus how many people get their cash taken by muggers, etc, in a place like New York or Chicago, maybe in a SINGLE DAY???

    To use a Biden-ism, “come on, man!”

    Oh, so your acceptance of police stealing your property, is basically bribing them to do it gingerly, and infrequently, and not killing you after stealing your stuff.  That’s the abomination of the corruption of law enforcement.

    • #94
  5. Headedwest Coolidge
    Headedwest
    @Headedwest

    kedavis (View Comment):

    So the idea that the primary risk of carrying cash is that the POLICE might take it from you, versus all the other thieves etc, is silly.

    Unless you were driving through Tenaha, TX during the early 2000s.

     

    • #95
  6. Flicker Coolidge
    Flicker
    @Flicker

    kedavis (View Comment):

    Similarly, death by accident is far more likely than death by murder.

    But police stealing from the innocent — because they can — is a worse crime because they do it under the cover of wearing the uniform.  It is a perversion of law and justice.

    • #96
  7. CarolJoy, Thread Hijacker Coolidge
    CarolJoy, Thread Hijacker
    @CarolJoy

    Tex929rr (View Comment):

    I was at a training class at our county seat PD when they brought in a bunch of stuff seized at a drug raid. They were proud and showed it to us (we stood at the entrance to the evidence storage area). There were the drugs seized but also things like laptops and phones. What was interesting was that when someone asked what happened if there was not a conviction, two officers almost simultaneously blurted out “we still get to keep it” before the question was finished. I know all of the officers and they are good guys but that mentality about asset forfeiture has become so widespread and invidious that they had an instinctive reaction to defend something that looks really bad to the general public.

    I don’t really see how American police officers who are enthused about keeping other people’s properties due to a law that should not be on the books  can be considered “good guys.” They can be people you like who are enthused about using property that should not be theirs to use, but the idea they are good guys is not apparent to me.

    After all, a few decades ago, such guys would be called thieves.

    • #97
  8. kedavis Coolidge
    kedavis
    @kedavis

    Headedwest (View Comment):

    kedavis (View Comment):

    So the idea that the primary risk of carrying cash is that the POLICE might take it from you, versus all the other thieves etc, is silly.

    Unless you were driving through Tenaha, TX during the early 2000s.

     

    I suspect there were still more victims of burglary, etc, in Tenaha, TX, during the early 2000s, than victims of police.  They just didn’t get as much publicity.

    • #98
  9. kedavis Coolidge
    kedavis
    @kedavis

    Flicker (View Comment):

    kedavis (View Comment):

    Similarly, death by accident is far more likely than death by murder.

    But police stealing from the innocent — because they can — is a worse crime because they do it under the cover of wearing the uniform. It is a perversion of law and justice.

    I’m not arguing that it isn’t worse.  But it’s FAR LESS LIKELY.  So the “best” reason to not carry a lot of cash around, is NOT that the POLICE might take it from you, but that SOME REGULAR CRIMINAL will.  Or that if you crash and/or your car burns – maybe because of a fuel leak, who knows – the cash becomes worthless ash, that will not be replaced.

    • #99
  10. Headedwest Coolidge
    Headedwest
    @Headedwest

    kedavis (View Comment):

    Headedwest (View Comment):

    kedavis (View Comment):

    So the idea that the primary risk of carrying cash is that the POLICE might take it from you, versus all the other thieves etc, is silly.

    Unless you were driving through Tenaha, TX during the early 2000s.

    I suspect there were still more victims of burglary, etc, in Tenaha, TX, during the early 2000s, than victims of police. They just didn’t get as much publicity.

    Given the lack of ethics of their police, the burglaries may well have been done by the cops, too.

    • #100
  11. kedavis Coolidge
    kedavis
    @kedavis

    I’m also reminded of a neighbor I used to have, who would lock his front door deadbolt and the entrance gate to his patio, even when going to the mailboxes to check his mail.  He also had one of those little slide-bolt lock things, clearly visible at the top of the gate, and he locked that too.  As if, some criminal might run up and pick the lock on his gate or drill it out or whatever, in the 30 seconds it took him to check the mail, but that little slide-bolt lock would stop them cold.

    Re.

    Dick.

    You.

    Luss.

     

    • #101
  12. CarolJoy, Thread Hijacker Coolidge
    CarolJoy, Thread Hijacker
    @CarolJoy

    Jerry Giordano (Arizona Patrio… (View Comment):

    SNIP

    I’m not sure why some people get so fired up about civil asset forfeiture. We have much bigger fish to fry. Riots in the streets; serious increases in homicide rates; tens of thousands of suicides and substance abuse deaths; close to a million abortions a year.

    When people do not have the right to have property as it can be stolen out from under them by corrupt police, that is morally wrong and against the Constitution. There are corrupt police, Jerry. Maybe your suburban lifestyle doesn’t force you to have to think about such concepts, but it is very real for many people in bad neighborhoods.

    Before we moved to Lake County, my spouse was a social worker in Marin County Calif. This is a very affluent area, yet there were some bad cops who found out that it was rather easy to come by “free spending money.”

    All that was necessary for that free money to come to them was to stop someone they knew was out on parole from a prior minor drug charge, and stop them and threaten to frisk them. That usually meant the person being stopped offered them all the money they had on their person. Usually under 20 bucks, and often less. But it is a mind set that came about in part due to  all the various ways police departments themselves came to rely on the forfeiture laws to bring in expensive toys.

    San Rafael was also an area where the local police department could not be bothered to take a homeowner’s theft report, even when the homeowner knew who the thief was and could identify that perp. Plus  the homeowner had witnesses to the theft. “Too much paperwork,” said the cops. But let some teens from Oakland steal the same amount of goods from Nordstrom’s and there would be a two car cop chase as “property is important.” If some innocent bystander were to get run over, I guess the surviving family members could at least content themselves with the fact that Nordstrom’s got their stuff back.

    I am sorry that BLM and other radicals have muddied the discussion, but it is important to understand that in many ways the police do need reforming. Only reform must be process driven and not mob driven.

     

     

    • #102
  13. Flicker Coolidge
    Flicker
    @Flicker

    kedavis (View Comment):

    Headedwest (View Comment):

    kedavis (View Comment):

    So the idea that the primary risk of carrying cash is that the POLICE might take it from you, versus all the other thieves etc, is silly.

    Unless you were driving through Tenaha, TX during the early 2000s.

     

    I suspect there were still more victims of burglary, etc, in Tenaha, TX, during the early 2000s, than victims of police. They just didn’t get as much publicity.

    So the more the merrier!  Come on, Policemen, this is a competition!

    • #103
  14. Flicker Coolidge
    Flicker
    @Flicker

    kedavis (View Comment):
    Or that if you crash and/or your car burns – maybe because of a fuel leak, who knows – the cash becomes worthless ash, that will not be replaced.

    You don’t know what a bank bail-in is, do you?

    • #104
  15. Flicker Coolidge
    Flicker
    @Flicker

    kedavis (View Comment):

    I’m also reminded of a neighbor I used to have, who would lock his front door deadbolt and the entrance gate to his patio, even when going to the mailboxes to check his mail. He also had one of those little slide-bolt lock things, clearly visible at the top of the gate, and he locked that too. As if, some criminal might run up and pick the lock on his gate or drill it out or whatever, in the 30 seconds it took him to check the mail, but that little slide-bolt lock would stop them cold.

    Re.

    Dick.

    You.

    Luss.

    Yes, you never know when the police will come up to do a wellness check.  Must be prepared.  But seriously, I lock my front gate just to drive to the post office.

    • #105
  16. Flicker Coolidge
    Flicker
    @Flicker

    kedavis (View Comment):

    Headedwest (View Comment):

    kedavis (View Comment):

    So the idea that the primary risk of carrying cash is that the POLICE might take it from you, versus all the other thieves etc, is silly.

    Unless you were driving through Tenaha, TX during the early 2000s.

     

    I suspect there were still more victims of burglary, etc, in Tenaha, TX, during the early 2000s, than victims of police. They just didn’t get as much publicity.

    You see there are criminals, murderers, and corrupt police.  And then there are law abiding corrupt police.  I’d rather take my chances with an armed burglar — he’s at least an up-front thief.  And this gets us into no-knock raids, but I’ve resisted going there and won’t now. :)

    • #106
  17. Tex929rr Coolidge
    Tex929rr
    @Tex929rr

    CarolJoy, Thread Hijacker (View Comment)

    I don’t really see how American police officers who are enthused about keeping other people’s properties due to a law that should not be on the books can be considered “good guys.” They can be people you like who are enthused about using property that should not be theirs to use, but the idea they are good guys is not apparent to me.

    After all, a few decades ago, such guys would be called thieves.

    They are guys I have worked with on scene.  Hard working, community minded guys. Remember, the entire problem is that it’s legal, even though it’s odious to you and me.  These are guys who have been told for years that this is just another tool in their tool box, and the courts have backed them up.  I’m sure applying it to the local drug dealer made good sense to them.  The problem can’t be fixed unless legislators or courts act to curtail the practice.  “Should not be on the books” is the operative phrase.  Someone thought this stuff up and legislators passed it. 

     

    • #107
  18. Flicker Coolidge
    Flicker
    @Flicker

    Tex929rr (View Comment):

    CarolJoy, Thread Hijacker (View Comment)

    I don’t really see how American police officers who are enthused about keeping other people’s properties due to a law that should not be on the books can be considered “good guys.” They can be people you like who are enthused about using property that should not be theirs to use, but the idea they are good guys is not apparent to me.

    After all, a few decades ago, such guys would be called thieves.

    They are guys I have worked with on scene. Hard working, community minded guys. Remember, the entire problem is that it’s legal, even though it’s odious to you and me. These are guys who have been told for years that this is just another tool in their tool box, and the courts have backed them up. I’m sure applying it to the local drug dealer made good sense to them. The problem can’t be fixed unless legislators or courts act to curtail the practice. “Should not be on the books” is the operative phrase. Someone thought this stuff up and legislators passed it.

    Actually, it was this support that made me first think Trump made a mistake (or wasn’t serious about anything) when he hired Jeff Sessions and in his first month Sessions answered that this practice would continue.

    • #108
  19. Randy Weivoda Moderator
    Randy Weivoda
    @RandyWeivoda

    Bryan G. Stephens: I especially like the bit where the police ask if the car is paid off. Really telling.

    Several years ago I read about a motel that was confiscated by a police department because some prostitutes were doing business there.  They weren’t employed by the motel and the motel wasn’t getting a cut of their business.  But since crime was taking place there, the motel was seized.  The funny thing is that there were a number of other motels in this town that also had prostitutes plying their trade there.  What made the one seized motel unique was that there were no loans against it.

    • #109
  20. CarolJoy, Thread Hijacker Coolidge
    CarolJoy, Thread Hijacker
    @CarolJoy

    Tex929rr (View Comment):

    CarolJoy, Thread Hijacker (View Comment)

    I don’t really see how American police officers who are enthused about keeping other people’s properties due to a law that should not be on the books can be considered “good guys.” They can be people you like who are enthused about using property that should not be theirs to use, but the idea they are good guys is not apparent to me.

    After all, a few decades ago, such guys would be called thieves.

    They are guys I have worked with on scene. Hard working, community minded guys. Remember, the entire problem is that it’s legal, even though it’s odious to you and me. These are guys who have been told for years that this is just another tool in their tool box, and the courts have backed them up. I’m sure applying it to the local drug dealer made good sense to them. The problem can’t be fixed unless legislators or courts act to curtail the practice. “Should not be on the books” is the operative phrase. Someone thought this stuff up and legislators passed it.

     

    So there is moral and there is legal, and like Bob Dylan once sang in the song “Pretty Boy Floyd”

    You say that I’m an outlaw
    You say that I’m a thief
    Well, here’s a Christmas dinner
    For the families on relief

    Well, it’s through this world I’ve rambled
    I’ve seen lots of funny men
    Some will rob you with a six-gun
    And some with a fountain pen

    Well, it’s through this world you ramble
    It’s through this world you roam
    You won’t never see an outlaw
    Drive a family from their home

    I don’t know that I find the fact that a  law is on the books that comforting an idea.

    Many questionable laws are on the books, but it is so much nicer to live among people who remember the Ten Commandments and have knowledge of the Constitution, and just as importantly, an understanding that our major  document outlining our social contract needs  respect.

    • #110
  21. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    kedavis (View Comment):

    Bryan G. Stephens (View Comment):

    I should be allowed to carry cash without being worried the Government will take it from me just because they claim I might be using it in a crime.

    If you think it is reasonable for the government to take it, please say so. Just because you think it is stupid, is not a reason to sanction theft.

    Not my point, but I guess you’re not going to understand that.

    What is your point?

    • #111
  22. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    kedavis (View Comment):

    Flicker (View Comment):

    kedavis (View Comment):

    Flicker (View Comment):

    kedavis (View Comment):
    Especially if you’re driving all over and risking having it be lost or stolen in various ways.

    So it’s the cops stealing it then?

    That’s far from the most likely bad outcome.

    But it’s the worst outcome because the police are there to protect people and property, not walk off with it.

    Worst, yes. Except I guess for the possibility of criminals taking it, AND all the other stuff you have, AND killing you and maybe those around you…

    This idea that it’s fine to carry cash except for the dastardly cops, sounds like… I dunno… building your house without a roof because a one-in-a-million microburst might tear it off, but rain is less of a concern to you?

    NOT what anyone is saying. 

    but oh well, you are not going to get that point

    • #112
  23. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    CarolJoy, Thread Hijacker (View Comment):

    Tex929rr (View Comment):

    I was at a training class at our county seat PD when they brought in a bunch of stuff seized at a drug raid. They were proud and showed it to us (we stood at the entrance to the evidence storage area). There were the drugs seized but also things like laptops and phones. What was interesting was that when someone asked what happened if there was not a conviction, two officers almost simultaneously blurted out “we still get to keep it” before the question was finished. I know all of the officers and they are good guys but that mentality about asset forfeiture has become so widespread and invidious that they had an instinctive reaction to defend something that looks really bad to the general public.

    I don’t really see how American police officers who are enthused about keeping other people’s properties due to a law that should not be on the books can be considered “good guys.” They can be people you like who are enthused about using property that should not be theirs to use, but the idea they are good guys is not apparent to me.

    After all, a few decades ago, such guys would be called thieves.

    They are thieves. 

    • #113
  24. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Randy Weivoda (View Comment):

    Bryan G. Stephens: I especially like the bit where the police ask if the car is paid off. Really telling.

    Several years ago I read about a motel that was confiscated by a police department because some prostitutes were doing business there. They weren’t employed by the motel and the motel wasn’t getting a cut of their business. But since crime was taking place there, the motel was seized. The funny thing is that there were a number of other motels in this town that also had prostitutes plying their trade there. What made the one seized motel unique was that there were no loans against it.

    BINGO!

    • #114
  25. Flicker Coolidge
    Flicker
    @Flicker

    kedavis (View Comment):

    Flicker (View Comment):

    kedavis (View Comment):

    Similarly, death by accident is far more likely than death by murder.

    But police stealing from the innocent — because they can — is a worse crime because they do it under the cover of wearing the uniform. It is a perversion of law and justice.

    I’m not arguing that it isn’t worse. But it’s FAR LESS LIKELY. So the “best” reason to not carry a lot of cash around, is NOT that the POLICE might take it from you, but that SOME REGULAR CRIMINAL will. Or that if you crash and/or your car burns – maybe because of a fuel leak, who knows – the cash becomes worthless ash, that will not be replaced.

    I think we are going around about this, but we understand each other’s points.  I say that it is abominable that police get to say, “Hey, look at all this money!  It must be criminal money!  I’ll take that!”  And you say that it’s unlikely, and it’s on the citizen if he doesn’t protect his own money using banks.  These are just completely different ways of thinking.

    My answer: Trust the banks, a little; trust a large safe in your home, a little; don’t flash cash; and repeal the laws that allow police to take your stuff on a whim to pad their own salaries.

    • #115
  26. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Flicker (View Comment):

    kedavis (View Comment):

    Flicker (View Comment):

    kedavis (View Comment):

    Similarly, death by accident is far more likely than death by murder.

    But police stealing from the innocent — because they can — is a worse crime because they do it under the cover of wearing the uniform. It is a perversion of law and justice.

    I’m not arguing that it isn’t worse. But it’s FAR LESS LIKELY. So the “best” reason to not carry a lot of cash around, is NOT that the POLICE might take it from you, but that SOME REGULAR CRIMINAL will. Or that if you crash and/or your car burns – maybe because of a fuel leak, who knows – the cash becomes worthless ash, that will not be replaced.

    I think we are going around about this, but we understand each other’s points. I say that it is abominable that police get to say, “Hey, look at all this money! It must be criminal money! I’ll take that!” And you say that it’s unlikely, and it’s on the citizen if he doesn’t protect his own money using banks. These are just completely different ways of thinking.

    My answer: Trust the banks, a little; trust a large safe in your home, a little; don’t flash cash; and repeal the laws that allow police to take your stuff on a whim to pad their own salaries.

    Yes

    • #116
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