Civil Asset Forfeiture

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xbacksideslider
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Civil Asset Forfeiture

Post by xbacksideslider » Mon Feb 23, 2015 11:45 pm

http://reason.com/bl....zens-by-steali" onclick="window.open(this.href);return false;

The latest on civil forfeiture -

" . . . .72-year-old cancer patient, had 12 marijuana plants, as permitted by his state's medical marijuana law. But he also had a few unplanted seedlings that he had prepared to replace plants that were dying. The cops said the seedlings put him over the legal limit. They did not charge him with a crime. Instead they took his stuff, including his car, his TV, his cellphone, his shotgun, and $11,000 in cash. They are trying to take his house too. .. . ."

Yes, could be the cash was from selling home grown . . . .

Police can't do this and expect the public's respect or support.

Gold badges may have figured that a conviction was unlikely, or the D.A. told 'em to get lost, but forfeiture . . .. . hmmm . . . . that's automatic, no trial unless the 72 year old cancer victim has the energy and cash to go to court . . . . and file suit to get his stuff back, and then settle for . . . , what? half the cash?
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Re: Civil Asset Forfeiture

Post by Matthew Ellard » Tue Feb 24, 2015 12:15 am

xbacksideslider wrote: Yes, could be the cash was from selling home grown
The article was moot on the court proceedings. The accused can either show he purchased his house through legitimate income or he can't.

This law is actually quite old in its nature. A tax assessment can be made on estimated income required to acquire from property owned by suspected tax evader , if not other legal income stream can be identified.

Unfortunately, this sort of law is being used against a poor person rather than a rich person, which is where it should be applied aggressively.

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Re: Civil Asset Forfeiture

Post by JO 753 » Tue Feb 24, 2015 1:16 am

The Catholic church set up a system like that during their witch hunt period.
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Re: Civil Asset Forfeiture

Post by Gord » Tue Feb 24, 2015 5:38 am

His mistake was either in not offering the officer a toke, or else in offering the officer a toke.
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Re: Civil Asset Forfeiture

Post by Flash » Wed Feb 25, 2015 7:13 am

The Canadian foreign ministry has actually issued an advice for travelling in the US. Don't carry too much cash or you might be robbed by the local police using the Asset Forfeiture law.. I had to read it several times to fully understand it.

Pretty soon the US will have no foreign tourists in the country. We either get ripped off by your hospitals, A minor procedure can cost hundreds of thousands of dollars, or we get robbed by the law itself.

I still don't understand the social pressure to make peaceful, law abiding and certainly friendly people into a bunch of hustlers and rip offs. Although if the Wall Street has become the model of social progress then it's all clear. So sorry.
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Re: Civil Asset Forfeiture

Post by Gord » Wed Feb 25, 2015 7:18 am

Flash wrote:Pretty soon the US will have no foreign tourists in the country.
This has been their plan ever since Bush conjoined the words "tourist" and "terrorist" in his speech.
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Re: Civil Asset Forfeiture

Post by JO 753 » Wed Feb 25, 2015 7:47 am

Flash, you forgot to mention that we'll shoot you.

O! Wait! I see why - it just goez without saying.
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Re: Civil Asset Forfeiture

Post by Flash » Fri Feb 27, 2015 6:28 am

JO 753 wrote:
Flash, you forgot to mention that we'll shoot you.
But only if I get out of the car and ask for direction.
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Re: Civil Asset Forfeiture

Post by JO 753 » Fri Feb 27, 2015 6:41 am

HA! That must be a Canadian urban myth about America.
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Re: Civil Asset Forfeiture

Post by Gord » Fri Feb 27, 2015 8:02 am

Don't be silly. Canadians can't have any urban myths; it's entirely rural.
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Re: Civil Asset Forfeiture

Post by Flash » Sat Feb 28, 2015 6:12 am

Actually, a couple of years ago my wife and I were on our way to the Yellowstone National Park and the Rockies and while driving through Michigan we got lost and ended up in downtown Lansing. Since my GPS conked out as well I was forced to stop, get out of our car and ask for directions. A couple of people refused to even pause and look at us until finally a man did stop listened to my sordid story and then quickly reached to his pocket and pulled out.. aha, you are thinking a gun? No, a pen and paper and drew us a map showing the best way to get the hell out of Lansing. :mrgreen:

And then after passing Chicago we continued on I 80 through Illinois and I looked at the countryside and thought; It took me eleven hours of driving to get here and it still looks like Southern Ontario and Michigan. Nothing but corn fields and farms. When are we going to get to the mountains? ;)
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Re: Civil Asset Forfeiture

Post by Flash » Sat Feb 28, 2015 6:24 am

Gord wrote:
Don't be silly. Canadians can't have any urban myths; it's entirely rural.
We've got the moothe myths, beavertails and the tall snow stories as in; when I dug the snow outside my house yesterday, I discovered there was a driveway underneath and a car. hell, who could have thought... :shock:
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Re: Civil Asset Forfeiture

Post by JO 753 » Sat Feb 28, 2015 10:37 am

Flash wrote:Nothing but corn fields and farms. When are we going to get to the mountains? ;)
Hav you red The Homeworld Trilojy?
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Re: Civil Asset Forfeiture

Post by Flash » Sun Mar 01, 2015 7:12 am

No, I haven't read it but on your recommendation JO I'll try to get a copy. One of the comments says it's a wonderful book. Is it right?
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Re: Civil Asset Forfeiture

Post by JO 753 » Sun Mar 01, 2015 8:44 am

Wonderful? I suppoze it coud be construed az that.
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Re: Civil Asset Forfeiture

Post by xbacksideslider » Fri Mar 27, 2015 6:15 pm

Matthew Ellard wrote:
xbacksideslider wrote: Yes, could be the cash was from selling home grown
The article was moot on the court proceedings. The accused can either show he purchased his house through legitimate income or he can't.

This law is actually quite old in its nature. A tax assessment can be made on estimated income required to acquire from property owned by suspected tax evader , if not other legal income stream can be identified.

Unfortunately, this sort of law is being used against a poor person rather than a rich person, which is where it should be applied aggressively.
Shouldn't be his burden of proof, should be the state's.
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Re: Civil Asset Forfeiture

Post by xouper » Fri Mar 27, 2015 7:31 pm

Matthew Ellard wrote:
xbacksideslider wrote: Yes, could be the cash was from selling home grown
The article was moot on the court proceedings. The accused can either show he purchased his house through legitimate income or he can't.

This law is actually quite old in its nature. A tax assessment can be made on estimated income required to acquire from property owned by suspected tax evader , if not other legal income stream can be identified.

Unfortunately, this sort of law is being used against a poor person rather than a rich person, which is where it should be applied aggressively.
Except this case was not about taxes and income.

http://www.freep.com/story/news/local/m ... /23737663/" onclick="window.open(this.href);return false;
The seizure was allowed under Michigan's Civil Asset Forfeiture laws, which allow police to take property from citizens if they suspect a crime was committed, even when there is not enough evidence to charge them.
To me, this is an abuse of the Fifth Amendment, in that his property was taken without due process. This clearly violates my sense of "innocent until proven guilty".