Showing posts with label civil asset forfeiture. Show all posts
Showing posts with label civil asset forfeiture. Show all posts

Wednesday, October 5, 2011

It's Not About Safety, It's About Power

Washington D.C. cops are now arresting people who are caught driving with expired tags. Does forgetting to pay your yearly protection money "tag fee" constitute a threat to public safety, or merely to authority?

That's a rhetorical question.

Maybe next they can start seizing the cars through civil asset forfeiture too. You know, for more "safety".

Monday, August 29, 2011

Armed Federal Marshals Raid Gibson Guitars

Hostage situation? Employee gone postal? Nope, the government was concerned with the type of wood being used in Gibson's guitars, which Gibson claims are licensed and imported appropriately from India. Gibson was raided two years ago for the same reason, and had their wood confiscated then too. No charges have ever been filed.

I guess that's what you get for manufacturing something in the US instead of India in the first place. I'm sure any companies who haven't learned that lesson already are taking note now.

Gibson's CEO explains his frustration on camera with this continued harassment and lack of due process here.

Friday, June 17, 2011

State Police and Feds Collude to Steal from Gamblers

This is insane. Every time I think the government couldn't sink any lower, I am amazed at the new scams they come up with.

Maryland Police teamed up with the feds to create a fake online poker payment business, and then simply kept any deposits made, totaling $30 million dollars. The trusting souls who desposited their money with the fraudulent agency won't get their cash back:

"The government is not going to give the money to gamblers."

Well there you have it. Setting up a fake business to scam customers is okay as long as you are the police, and they are merely "gamblers".

Thursday, December 9, 2010

City of Aurora Steals $190,000 From Citizen; Refuses to Return It Even After Court Order

Link
Jesus Martinez, 27, was carrying $190,040 when his pickup truck was stopped by an Aurora police officer about 8:30 p.m. Oct. 18 near Indian Trail and Timberlake roads.

The police officer confiscated the cash, and the city has informed Martinez and his brother, Jose, 34, that Aurora will seek to keep it through civil forfeiture, a procedure that allows police agencies to seize property where the legal standard is lower than proof needed in a criminal forfeiture.

The brothers are home remodelers. Neither has been charged with a crime in this case, and neither has a criminal record, according to Kane County court records.

"I've never seen anything like this in 30 years of practice," said Aurora attorney Patrick Kinnally, who is representing the brothers.

A month after the stop, Kinnally filed a complaint arguing that Aurora had no right to keep the money. Eleven days after that, Kinnally and lawyers representing Aurora appeared before Kane County Circuit Judge Michael Colwell.

"Their lawyers basically said the city was going to file for forfeiture," Kinnally said. "The judge asked on what basis. The lawyer said, 'We don't know,' and the judge said: 'This is America. Give it back.'"

The judge ordered the city to return the $190,040, along with a month's interest and costs. But Kinnally said that when he brought the order to Aurora, the city refused to turn over the cash

Maybe they just really needed a new rec room at police headquarters . . .

Monday, April 26, 2010

Legalized Theft: And You Thought Taxes Were Bad

What rights do you have to your property, and what do the police need to legally take that property from you? Do you think you have the right to be convicted of a crime first? Do you think that you should at least be charged with a crime first?

The answer to those questions may surprise you. In fact, the police need neither a conviction nor even a criminal charge to seize your property. The name of the game is "civil asset forfeiture", and police across the nation are waking up to the fact that it's a lucrative business. It starts out simply enough: Laws are passed that allow police to confiscate property they suspect was acquired as the gains of unlawful activity. For example, if you deal drugs and pay for a sweet new ride with the proceeds from your drug selling, the police can confiscate the car. Most people never see the twisted side of these laws, a side that enables police officers to take the property of law-abiding citizens without anything approaching the kind of evidence that would be permissible in a criminal court case.

Many of these cases require nothing but a showing of "probable cause", the police are allowed to use hearsay as evidence, and the accused has no recourse but to attempt to prove his innocence (and here you thought that you were innocent until proven guilty). Even if you win, the state is likely to keep a portion of the forfeited property as a fee or demand a fee to return your property to you, not to mention that you will be out quite a bit of cash for court costs that the state has no obligation to repay. Add to this the fact that the police are usually the recipients of these forfeited assets, and you have a situation in which the police have a perverse incentive not to confiscate just the proceeds of illegal activity, but instead everything they can get their hands on.