**** Recovery Help | Bulk Cask Seizure Lawyer Group
**** Model Criminal Forfeiture Law- Institute for Justice
**** American Civil Liberties Union | Policing shouldn't be for profit ... (petition)
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"Pennies From Heaven" Police Chief Talks Asset Forfeiture (Raw Footage) ... Thanx to Citizens For Justice
This posting will be Part 5 of the "Last Call To Rob Ya'll" and Part 13 of the "Citation Violation Nation" series of this journal/ blog. I chose the video above to open it, with Columbia, Mo. Police Chief Ken Burton, who also inspired part of the posting title "Pennies from Heaven". Asset forfeiture (wikipedia), whether civil or criminal, has a long history, so it isnt nothing new or exclusive to America ... but because of the extent of these laws these dayz, many Americans are being robbed blind. It doesnt matter what happened throughout the history of this, or what they may do in other countries ... this is what is happening currently in America, and has went out of control. It is one thing to respect authority, law and order ... it is insanity though to respect unlawful and disorderly actions of any law enforcement agency or authority that act as nothing but gangs of thugs. This has turned out to be a sort of piggy bank for many law enforcement agencies across the country over the years, and escalating at an alarming rate. It has also contributed to the growing militarization of agencies, that otherwise would be just regular state, city or county police departments. This is an issue that dont matter what political party you favour or identify with, it's another serious issue that can hit anyone. It can and does create in some cases, making law abiding citizens viewed as criminals, and making cops become robbers. Actions like this is another reason why so many dislike and dont trust government, such as some libertarians for example, because of what happens to so many folks. There was supposed to be a distinct difference when these laws are made, between what is civil and what is criminal, but because of the loose legislation and the variations of the laws state to state, to federal ... it's grown into a real mess. In a criminal case, you got an arrest/ indictment , so you have a person allegedly involved in criminal activity, the criminal defendant, get the right to a lawyer, hearing/ trial, where the state/ county/ federal has to prove the defendant to be guilty of criminal wrongdoing. Where by law these dayz in civil, you have items such as money, property/ possessions being the "defendant/ accused" on just law enforcement officers "suspicion/ gut feeling", you have no hearing, court, lawyer, and your/ the "defendant" is not human, but property/ money, so it cant defend itself, where the owner of property/ money has to prove it's innocence/ legality ... since it is assumed as guilty by the law agency/ officer ... if it is suspected to come from illegal activity, it can be seized ... there is no need for evidence, review/ investigation, court hearing/ trial, etc ... they can just confiscate it, because they "feel" like it. Civil being now more frequent, law flexible, and vulnerable to abuse by law enforcement than criminal.
Asset forfeiture laws were needed over the years and still today for various reasons ... people avoiding paying taxes, money laundering, pyramid schemes and other scams, large scale illegal drug manufacturing, distribution/ delivery, illegal banking/ investment practices, counterfeit products/ currencies, illegal import/ export trade, etc. With all the new legislation of law updating its use and flexibility, it now hits the most vulnerable and innocent people ... the figures in dollar/ asset amounts of what is taken is good for reference data, but the figures are out of whack too, because so much smaller activity of confiscation is never reported or challenged. The Interstate highways across the country have seen a big jump in it ... you can be driving a car rental going out of town on business/ work or pleasure/ vacation, have a large sum of legal cash or credit/ debit cards that is yours (they can use hand held ERAD devices to scan and milk your cards), but a cop can feel you or your money may be illegal, and seize it, after being pulled over for a minor violation, such as a tail light that the bulb went out, the officer doesnt have to arrest/ charge you of any crime. Lower income working classes of people that may not know much about law or their rights, may be quick to allow an officer that suspects something do anything without question, they/ you may feel obligated to answer questions of the officer that are not relevant to the stop, or feel they have to open their trunk for inspection, or allow officers to go throughout the car. Most of the time the officer covers their ass, simply by saying, "do you have anything in the vehicle that we should be aware of, weapons, illegal drugs? ..." etc. They then "ask permission" to see for themselves (to not have to obtain a warrant, because without consent, even if you did have something illegal, any court would throw it out), if you decline, they say they can bring in dogs or another crew, the officer will say something like ... "if you have nothing to hide or are not guilty or anything, you have nothing to worry", etc. This is America, and they are not KGB of former communist Russia or the gestapo of Nazi Germany ... you havent any reason to grant them permission, and you can decline politely. Before you sign any waivers of your rights or the ability to file grievance or legal suit ... you should think for a minute, once you give permission and/ or sign anything, you lost most. Dont sign papers when your property is seized, promising not to sue, in exchange for not getting charged with a criminal violation ... unless you're guilty as shit of illegal activity, and they got you by the balls with compelling evidence ... same way you work out a plea deal in a court in other words. You answer questions, but never volunteer information, you dont have to explain a damn thing about your day, where you're going or coming from, your income, job, etc ... again ... in a polite way.
Then you have other wayz that cops will try to burn you, that you have to watch out for, here is an example where they tried to basically rob songwriter/ rapper "Boosie" the other day when he was touring, of a million dollars worth of jewelry (The Advocate) ... they pretended they didnt find any jewelry in the vehicle and that they gave the vehicle back to the rental agency, etc. The cops got made quick, after he went to the media and told his story, the cops admitted to actually having the jewelry and the vehicle they said they didnt a few dayz before. They just basically thought it would be a good grab and that this guy was just some guy with a bunch of jewelry, that "could" be stolen ... at least they'll say they "suspected" it stolen, if the IAD (Internal Affairs Division) or DA's (District Attorney) office looked further into it. They fucked with the wrong guy, Boosie was smart, knew he was wronged and challenged it, contacted his lawyers and took action. That's the whole point here ... exercise your rights, of course that is up to you ... but for myself, I try to utilize every damn right I have, it's just the American thing to do in my view, it's patriotic too in a sense. You may feel because of their authority and power, that you dont have the money or legal knowledge to challenge when you are robbed by law ... that is why you contact friends, agencies, lawyers/ legal groups, but, if you choose not to, that's your choice too. If the rights in the "Civil Asset Forfeiture Reform Act" (CAFRA) are still available for use as example, you use that, to where if you were wronged, the government has to pay your legal fees, or whatever else you can utilize. There are many wayz to challenge, even though it isnt easy and requires a little time and determination ... my choice has alwayz been to challenge and question ... that's what laws, rights and the constitution are there for. I strongly encourage doing this to many folks over the years in my own community, and try to inform folks of their options. Another thing is to talk about it and pressure politicians ... notice over the last 4 decades, whenever the people dont keep the pressure on, that's when they even take the abuse of the legislation to another level and escalate it ... give an inch, they'll take a mile in other words. Bringing this into social medias is importante to inform too ... you may have a low traffic blog like I do, or tweet a little with a few friends, Facebook or whatever ... but if you have a million folks covering these issues, it makes its way to others, even if it's just a few that you reach, meaning that millions more are informed. Some read links and videos I put below, some contacts/ info at the top of the posting as well.
Word Out ....
3 Reasons Trump is Wrong to Oppose Civil Asset Forfeiture Reform ... Thanx to Reason TV
***** HUFFINGTONPOST: "CIVIL ASSET FORFEITURE" ... (various newsread/ video pieces)
How Police Departments Use Civil Forfeiture to Collect Billions ... Thanx to VICE
***** FORTUNE: Police Use New ERAD Device to Strip Funds From Drivers' Debit Cards ... (newsread)
ERAD Devices Used By Cops To Seize Money From Bank Accounts- WARN YOUR VICTIMS ... Thanx to WARN YOUR VICTIMS
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***** PD/ RCJ: "LAST CALL TO ROB YA'LL" PART'S 4 THRU 1
***** PD/ RCJ: "CITATION VIOLATION NATION" PART'S 12 THRU 1
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***** RANCH CHIMP JOURNAL "WELCOME" POST
***** RCJ MUSIC/ ART'S HONOUR ROLL SOCIETY (my hand- selected music/ arts picks)
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I wonder if this practice has ever been seriously tested in court. There ought to be a strong case that it violates the Fourth and Fifth Amendments.
ReplyDeleteEmpowering the authorities to basically plunder the citizenry is a sign of a degenerating society.
A "degenerating society"? ... I agree 110% ... sadly it makes people also feel hopeless, does nothing to strengthen citizens. Yes, there is clear violations of the constitution in much, and I'm sure there is precedent and challenges/ cases, one of the problems is people challenging first of all ... and then, so many are rigged up on other possible charges to be brought against them, if they challenge, that is the point of the waivers, behind closed doors dealing with departments and working out deals, or even folks allowing searches ... because they may be charged with "resistance", "failure to cooperate" or a number of other things ... for me Infidel ... I'll tell them ... "just charge me, take me to jail, and I have nothing further to say with all due respect" ... in other words, bring it in the open through a court/ legal process, not this off record deals, backdoor bargaining etc ... and yes, I have done it, and succeeded. Alot has to do with how the agencies/ cops have it planned, what they will do, they have set plans on what to tell people, games they play, and loopholes to get out legally if they get made.
ReplyDeleteThanx for your input here guy ....