The legal FICTION of "civil" asset forfeiture

Stick all your provocative and controversial topics here. Then stick them up your ass, you fascist Nazi!
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annarborgator
Posts: 8886
Joined: Sun Jun 17, 2007 5:48 pm

The legal FICTION of "civil" asset forfeiture

Post by annarborgator »

I hope you people love your government. I think it's fucked beyond belief.

http://www.youtube.com/watch?v=yLSz_p7Q1lg#

Crazy article on it:
Around 3 in the morning on January 7, 2009, a 22-year-old college student named Anthony Smelley was pulled over on Interstate 70 in Putnam County, Indiana. He and two friends were en route from Detroit to visit Smelley’s aunt in St. Louis. Smelley, who had recently received a $50,000 settlement from a car accident, was carrying around $17,500 in cash, according to later court documents. He claims he was bringing the money to buy a new car for his aunt.

The officer who pulled him over, Lt. Dwight Simmons of the Putnam County Sheriff’s Department, said that Smelley had made an unsafe lane change and was driving with an obscured license plate. When Simmons asked for a driver’s license, Smelley told him he had lost it after the accident. Simmons called in Smelley’s name and discovered that his license had actually expired. The policeman asked Smelley to come out of the car, patted him down, and discovered a large roll of cash in his front pocket, in direct contradiction to Smelley’s alleged statement in initial questioning that he wasn’t, in fact, carrying much money.

A record check indicated that Smelley had previously been arrested (though not charged) for drug possession as a teenager, so the officer called in a K-9 unit to sniff the car for drugs. According to the police report, the dog gave two indications that narcotics might be present. So Smelley and his passengers were detained and the police seized Smelley’s $17,500 cash under Indiana’s asset forfeiture law.

But a subsequent hand search of the car turned up nothing except an empty glass pipe containing no drug residue in the purse of Smelley’s girlfriend. Lacking any other evidence, police never charged anybody in the car with a drug-related crime. Yet not only did Putnam County continue to hold onto Smelley’s money, but the authorities initiated legal proceedings to confiscate it permanently.
http://reason.com/archives/2010/01/26/the-forfeiture-racket/

So, you have a bunch of cash on hand...and the government steals it because you MIGHT use it to do something illegal.

Hmmmm.....as "V" said in his speech in V for Vendetta...."And the truth is there is something terribly wrong with this country isn't there?"
I've never met a retarded person who wasn't smiling.
DocZaius
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Joined: Thu Jun 14, 2007 10:41 am
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The legal FICTION of "civil" asset forfeiture

Post by DocZaius »

I don't think there's anything wrong with forfeiting the proceeds of a crime - when it is proven that the assets are fruits of a criminal enterprise. Moreso, I expect that, true to form, some cops will abuse the system and seize things that they shouldn't have.

What really grinds my gears, however, is that the law allows for the abuse and for the most part, the courts allow it.
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