Asset Forfeiture

[speedhighway46]

[font=NotoNashkArabic, ProximaNova-regular, 'Helvetica Neue', Helvetica, Roboto, Arial, sans-serif]There has been lengthy discussion here regarding the practice of asset forfeiture by local and federal governments. News media today reported a significant comment by the President regarding this practice. Regardless of your position on this practice, this is a heads-up to familiarize yourself with this latest comment about this practice. The quote below is from Huffington Post.[/font]

[font=NotoNashkArabic, ProximaNova-regular, 'Helvetica Neue', Helvetica, Roboto, Arial, sans-serif]"WASHINGTON ― During a meeting with sheriffs on Tuesday, President Donald Trump got a misleading lesson on the controversial practice of [/font][font=NotoNashkArabic, ProximaNova-regular, 'Helvetica Neue', Helvetica, Roboto, Arial, sans-serif]asset forfeiture[/font][font=NotoNashkArabic, ProximaNova-regular, 'Helvetica Neue', Helvetica, Roboto, Arial, sans-serif]. Almost immediately, Trump encouraged the sheriffs to use it more aggressively."[/font]

 

[Ballenxj]

[font=NotoNashkArabic, ProximaNova-regular, 'Helvetica Neue', Helvetica, Roboto, Arial, sans-serif]"WASHINGTON ― During a meeting with sheriffs on Tuesday, President Donald Trump got a misleading lesson on the controversial practice of [/font][font=NotoNashkArabic, ProximaNova-regular, 'Helvetica Neue', Helvetica, Roboto, Arial, sans-serif]asset forfeiture[/font][font=NotoNashkArabic, ProximaNova-regular, 'Helvetica Neue', Helvetica, Roboto, Arial, sans-serif]. Almost immediately, Trump encouraged the sheriffs to use it more aggressively."[/font]

I have to wonder under what set of circumstances they deem this to be OK?
They have been using asset forfeiture against drug dealers for quite some time I believe.

 

[Vanholio]

I have to wonder under what set of circumstances they deem this to be OK?
They have been using asset forfeiture against drug dealers for quite some time I believe.

There have been some cases of innocent people getting their assets taken and then having a real hard (or impossible) time getting them back. From what I've read, some of the forfeiture laws (maybe all) don't require the LEOs prove you've done anything, and some are abusing that discretion. Whatever the president says, it's up to the courts to rule if some police have gone out of bounds, and it's up to Congress and state legislatures to better the laws. Not to say that a word from the president won't influence, 'cause it will.

 

[RVTravel]

In Texas, the conversation was only around drug dealer asset forfeiture.

 

[Ballenxj]

In Texas, the conversation was only around drug dealer asset forfeiture.

I just watched the whole meeting between the Sheriff's of America and Trump at the White House. That seemed to be what they were saying.
I would like to think one would have to be convicted before that happened.
Vanholio, I have seen some corruption too.

 

[Wabbit]

No, you don't have to be convicted of anything. You don't even have to be charged with a crime. It is not just aimed at "drug dealers". It is something most people only care about when it happens to them. This is an inappropriate place for me to discuss how I feel about the practice of asset forfeiture\seizure\confiscation that happens currently in the US of A.

 

[frater secessus]

Police departments are addicted to asset seizure. Last year police stole more property from citizens than burglars did.

If you want to confiscate someone's stuff, convict them.

 

[Richard]

It's even worse in Oklahoma, where the dollar amount on any prepaid cards can be seized on the spot, and where the company that makes those card readers gets a 7% take of all money seized: http://www.news9.com/story/32168555...e-money-used-during-the-commission-of-a-crime

 

[PathofAsha]

I think I mentioned this in another post: Your freedom is an illusion as well as any ownership of material items including cars, homes, land etc. Unless you have a "land patent" or homestead on your land, it can be seized or otherwise taken from you. Most property is recoverable from county evidence after a court case has been disposed in your favor.
 
I don't mean to alarm anyone but it's the way it is for a reason (think Madoff). Don't invest or get too attached to your things. After all, it's not what this life is about anyway.

 

[TMG51]

...some of the forfeiture laws (maybe all) don't require the LEOs prove you've done anything...

Point of fact: law enforcement officers do not prove guilt or innocence, ever. It's not their role. Their role is to react at ground level and let the courts prove guilt.

Just a point of clarification.

 

[slynne]

I worry about this because I use marijuana to treat my arthritis and once on the road, would be in real danger of losing my home if busted. *sigh* I guess that might be a good reason to go with a cheaper vehicle. I should probably talk to a lawyer about protecting my other assets.

 

[DuneElliot]

I worry about this because I use marijuana to treat my arthritis and once on the road, would be in real danger of losing my home if busted. *sigh* I guess that might be a good reason to go with a cheaper vehicle. I should probably talk to a lawyer about protecting my other assets.

If using/transporting marijuana in any state where it's illegal you will be almost  guaranteed to lose your home if it's found in the van/RV. Sadly it might just be a good idea to stay away from the states where it remains illegal, which is currently a lot of them, or just make sure you have absolutely none on you when in those states.

 

[slynne]

OTOH, I am a middle aged white lady using the substance medically, with a good job, who knows a LOT of activist lawyers. I know how to make something like this high profile. Maybe getting busted would be a good thing?

 

[gapper2]

If it happened.  You Go Girl!!

 

[Every Road Leads Home]

I don't think seizure laws are just or constitutional by any stretch, but being in constant fear of them seems a bit silly as well. How many people personally do you know that have had their things seized? Especially innocent everyday people like you and I? The media does an insanely good job of stoking fear into people in this country. People read a few stories of something happening and they panic, thinking it might happen to them. There are 318 million people in this country. It's a huge vast landscape out there. There is basically a zero percent chance you'll ever have to deal with the government stealing your stuff. And that's true even if you have weed on you and get pulled over for a traffic stop.

The same holds true with everything. I've seen it come up a few times where someone will post an article on some locality cracking down on van dwelling and all of a sudden people are scared van dwelling isn't going to exist much longer. Impossible, this country is HUGE. Nobody can monitor the entire landscape and put a stop to it. Even in areas they do try and curb it, hundreds still get away with it, San Diego being one. It's why there will always be a most wanted list, underage drinking, dui's, drugs, and every other prohibited thing in the book.

Not saying don't be careful, not saying don't be aware of the things happening, but do be careful of what you fear and be careful of the media brainwashing these fears into you. As most fears are VERY unfounded.

I use this statistic all the time, but it's a good one. You stand a higher chance of dying or being seriously injured in your vehicle than any and all these other fears combined. Yet NOBODY worries about it. Because odds are still in your favor, it will never happen to you.

 

[slynne]

EveryRoadLeadsHome, you are 100% right. I have to laugh because even though I have studied risk perception quite a lot, I still succumb to irrational perceptions of risk all of the time. i.e. I just flew to California but needed a lot of Ativan to get on the plane but have no fear of driving even though it is much more dangerous. Thanks for the reminder here as I am obviously worrying more than I need to.

 

[DuneElliot]

OTOH, I am a middle aged white lady using the substance medically, with a good job, who knows a LOT of activist lawyers. I know how to make something like this high profile. Maybe getting busted would be a good thing?

Sounds good in theory, but breaking the law is breaking the law and no matter how you spin something if you break the law you forfeit anything associated with the breaking of that law. It might work in a state like California or Oregon but I can't see that ending well for you in a state like Wyoming or Kansas

 

[slynne]

Oh, sure, it might not end well but it might. You get the right judge to award punitive damages and that provides a huge disincentive to law enforcement to engage in this practice. Not to mention that it could change the law by challenging its constitutionality. The 4th Amendment applies in Wyoming and Kansas too and it isn't farfetched to think that a judge would rule that such seizures are unconstitutional.

The odds that I would get my property seized are super low though so I am not going to worry about it. I am more worried about getting it outside of Michigan but since my plan when I have my van is to winter in California and summer in Michigan while visiting friends in Washington and Colorado in between, I will probably be ok.

I just like the idea of fighting The Man over an unjust law

 

[LeeRevell]

There are counties in Florida and Georgia where these Asset Forfeiture laws are the Sheriff Dept.'s bread and butter. It is literally 'legal' institutionalized theft on a grand scale.
Sometimes, what's "legal" and "just" can be worlds apart.

 

[PathofAsha]

An article from the San Diego Union Tribune on this very subject.  Law took effect Jan 1, 2017. No asset seizure unless convicted.
http://www.sandiegouniontribune.com/news/watchdog/sd-me-asset-forfeiture-20160929-story.html

I know for a fact if you get caught driving without a DL or even an expired DL, your vehicle will be towed.