update of asset forfeiture laws

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New Mexico got pissed at their towns that were circumventing their asset forfeiture law, so thty changed it a bit to stop the theft: "New Mexico Senate Passes Bill to Close Asset Forfeiture Loophole Used By Cities" (Feb, 2017): http://blog.tenthamendmentcenter.co...ose-asset-forfeiture-loophole-used-by-cities/

NM now has the best anti-forfeiture laws in the country.

It would be nice if the other states followed, but it's really difficult to get past the greed of the politicians and law enforcement organizations.
 
TrainChaser said:
New Mexico got pissed at their towns that were circumventing their asset forfeiture law, so thty changed it a bit to stop the theft:  "New Mexico Senate Passes Bill to Close Asset Forfeiture Loophole Used By Cities" (Feb, 2017):  http://blog.tenthamendmentcenter.co...ose-asset-forfeiture-loophole-used-by-cities/

NM now has the best anti-forfeiture laws in the country.

It would be nice if the other states followed, but it's really difficult to get past the greed of the politicians and law enforcement organizations.

NM actually hasn't gotten it all the way through the process yet but it (SB202) is getting there... https://legiscan.com/NM/bill/SB202/2017

[font=Verdana, sans-serif]Status[/font]

[font=Verdana, sans-serif]Spectrum: Bipartisan Bill
Status: Engrossed on February 1 2017 - 50% progression
Action: 2017-01-28 - [LD 12] Referred to House Judiciary
Pending: House Judiciary Committee[/font]


From the article that was referenced:

"[font=Arial, Helvetica, Arial, Verdana, sans-serif]The situation in New Mexico underscores an important reality. Civil asset forfeiture serves as a massive cash cow for law enforcement agencies and they will aggressively oppose any efforts to reform the system – up to and including simply ignoring the law. This is why closing a federal loophole is an important part of any forfeiture reform efforts.[/font]


[font=Arial, Helvetica, Arial, Verdana, sans-serif]The inclusion of provisions barring state and local law enforcement agencies from passing off cases to the feds is particularly important. In several states with strict asset forfeiture laws, prosecutors have done just that. By placing the case under federal jurisdiction, law enforcement can bypass the need for a conviction under state law and collect up to 80 percent of the proceeds from forfeited assets via the federal Equitable Sharing Program.[/font]

[font=Arial, Helvetica, Arial, Verdana, sans-serif]For example, California previously had some of the strongest state-level restrictions on civil asset forfeiture in the country, but law enforcement would often bypass the state restrictions by partnering with a federal asset forfeiture program known as “equitable sharing.” Under these arrangements, state officials would simply hand over forfeiture prosecutions to the federal government and then receive up to 80 percent of the proceeds—even when state law banned or limited the practice. According to a report by the Institute for Justice, Policing for Profit, California ranked dead last of all states in the country between 2000 and 2013 as the worst offender. [/font]

[font=Arial, Helvetica, Arial, Verdana, sans-serif]During the 2016 legislative session, the state closed the loophole. [/font][font=Arial, Helvetica, Arial, Verdana, sans-serif]The New Mexico reform that went into effect in 2015 does close this loophole with specific language."[/font]
[font=Arial, Helvetica, Arial, Verdana, sans-serif](bolding was mine)[/font]

[font=Arial, Helvetica, Arial, Verdana, sans-serif]Gee, who'd have thought that police agencies and greedy municipalities would have tried to bypass the legislature's intent?   :mad: [/font]
 
ahhhh, I think you're all nuts! Some strange connection between fear and paranoia and van dwellers, and it genuinely saddens me to think of how many people get scared to try this lifestyle from reading all these threads/posts lately. Fear is for the 7 oclock news.

Time to take a summer hiatus from the virtual world and enjoy the real world that's not the big bad scary world so many make it out or think it to be.
 
If you don't feel this thread has any value, you can always just ignore it.  There are lots of threads here that ignore, either because they don't interest me, I don't think they have any value, or I feel I have nothing to add to the subject.
 
+1 

Just because you've never been stopped doesn't mean you won't be. If you google search this topic you will see that this is not an isolated problem, it is nationwide, and has been for decades. 

https://thecrimereport.org/2015/11/10/2015-11-civil-asset-forfeiture-report/

Begin quote:
"[font=Georgia,]Recent years have brought public scrutiny on the controversial law enforcement practice of civil asset forfeiture, which lets police seize and keep cash and property from people who are never convicted or even charged with wrongdoing. Despite a growing public outcry spurred in part by by news investigations and congressional hearings a report today from the Institute for Justice, a non-profit civil liberties law firm, finds that the past decade has seen a “meteoric, exponential increase” in the use of the practice, reports the Washington Post. A common measure of the practice is the amount of money in the asset forfeiture funds of the Department of Justice and the U.S. Treasury, the two agencies that typically perform forfeitures at the federal level. In 2008, there were less than $1.5 billion in the combined asset forfeiture funds of the two agencies. By 2014, that number had tripled, to roughly $4.5 billion."[/font]

That's billion with a "B".  

I have been stopped and had the leading questions asked. Of course when I cross borders I always am asked leading questions, but at least Canada doesn't practice this level of asset seizure. They do seize assets but the last year for figures was 2015 and it was $41 million, vs. 10 times that in the US.   

There are many things that don't really concern me, however as many miles as I drive a year, and as many states as I go through, this topic does. 

If I were to carry a weapon, I would be concerned about weapons laws, but since I don't, I "ignore" those posts. That doesn't mean I think weapons (gun) posts are "paranoid".
 
I agree that for most mainstream-looking white people, the odds are very low you will become a victim of this problem.

However the fact the problem exists at all is horrifying in principle, completely at odd with the intentions of our founding fathers, and step toward fascist-militaristic dystopia.

Anyone claiming to love American ideals of "freedom" should fight these laws tooth and nail, even if you think they will never be used against you or anyone you know.

And "fear" about this happening to you, for example as a medicinal or even recreational drug user, should not stop you doing what you want, just do your research and take sensible precautions.
 
ERLH,
"ahhhh, I think you're all nuts! Some strange connection between fear and paranoia and van dwellers, and it genuinely saddens me to think of how many people get scared to try this lifestyle from reading all these threads/posts lately. Fear is for the 7 oclock news. "

I'm a nobody and I've seen it twice, up close. As I mentioned above, the definition of paranoia mentions this:

"suspicion and mistrust of people or their actions without evidence or justification."

That's a direct contradiction of my experience. And of course, none of us should have any suspicion and mistrust of our government, it has nothing but the concern of our well-being in mind.. Yes, you can believe it won't happen to you, and you're probably right. Until it happens to you or someone you know. But, most people targeted are people of color and a lower socioeconomic brackets. So if you're white, or you look like you have enough money to fight it, the chances are much lower. We always need to blame the victim.
Ted
 
Not being permanently at war will help, stop using fear-mongering as social control propaganda.
 
masterplumber said:
Just a note regarding marijuana possession and concealed carry, since someone above brought it up. I just renewed my ccw permit and because I live in Colorado they thought to add a note to the approval letter. Marijuana is still a federal class 1 narcotic and according to federal law possessing a firearm at the same time as a class 1 narcotic is a felony. I have no dog in this fight as I don't use, but I do see medicinal value in it for some people. I can imagine a scenario where someone has a medical card and a concealed carry permit thinking they are perfectly legal going down the road, and find themselves in prison and the assets forfeited because they did answer questions honestly and let the officer look around because hey, they're not doing anything wrong. Best to be polite but only give the minimal required information.

That's an interesting point (ccw + cannabis). That would apply to BLM & National Parks / Forests as well... regardless of the state you are in.
 
Just giving information. We should also seek out the source of information given to us by the media. Who's giving it? For what purpose? I pretty much dropped out of the years of watching the Evening News channel's. I direct my focus in a different direction these day's. 
Please don't interpret my post or jump to any conclusion. Giving giving info here. 

" The Intercept is an online news publication dedicated to what it describes as "adversarial journalism". "

https://en.wikipedia.org/wiki/The_Intercept

History of Adversarial Journalism : 
http://study.com/academy/lesson/adversarial-journalism-definition-history.html

" During the late 19th and early 20th centuries, the term yellow journalism was used to describe sensational headlines that lacked journalistic integrity. "
 
Florida boondocker said:
Or he asks you if he can look inside.  You believe you are completely innocent and agree.

in my honest opinion it's VERY IMPORTANT never to waive your rights

if i am stopped for any reason, legal or not i show respect, show my driver license, insurance card & concealed weapons permit

after that i am done, if they ask where i am coming from or going i politely let then know that's a freedom i enjoy, roaming our beautiful country at will, does it really matter where i am going or where i have been if your stopping me for a broken tail light or
speeding? 

If your asking me for my consent to search ... NO, if you have the legal right to search cool ,but if your asking for me to waive my right no way

ok you tell me if i had i have nothing to hide i should be ok with it .... ok let me go search your car ... remember you have nothing to hide

i am not a big anti government person here but i am an American , mad respect for law enforcement but i cherish my rights as an american

OK Gunny help me out here 

What to say to the police.
[video=youtube]
 
When I lived in Germany a soldier consented to a search when a dog sniffed hot on his car - he was smug (I hear) until the MP pulled out his CHAIN SAW lol! and cut open the panel to reveal the welded in drugs.
 
PattySprinter said:
When I lived in Germany a soldier consented to a search when a dog sniffed hot on his car - he was smug (I hear) until the MP pulled out his CHAIN SAW lol! and cut open the panel to reveal the welded in drugs.

First, never give permission, and if you refuse to answer questions the search may not be done.

In the U.S. all evidence obtained without a valid search warrant is inadmissible and the case would be thrown out.

[video=youtube]
 
But the whole point is with asset forfeiture they don't need to arrest you or ever press any charges, they just drain your accounts, keep your cash and vehicle / home, whatever they like.

It is then up to **you** to pay lawyers to sue them to get your property back, and the fact that your property was never involved in or the result of illegal activity is on you to prove.

And this is how many police forces and gov agencies get much of their operational funding, in many cases it's not even about preventing crime or punishing criminals anymore.

Even without sympathetic judges, it is trivial to manufacture probable cause.
 
#34 post had a portion of an article linked about ICE/HSA asset seizure practices, though the "manual" was only a teaser. From what I read most of the information discussed concerned real estate, though we know that cash, weapons and vehicles are all included as well, and they don't often have the difficulties of real estate as far as valuation is concerned.

Some time ago a poster/respondent to an asset forfeiture thread said that a smaller lien against a vehicle may be a good thing, we don't all drive 20+ year old vehicles. I can see the point, Bob Well's shiny 2015 Express would obviously draw more interest than some 20-30 year old van, so having a loan (with a decent interest rate) for 3-4 years may be ok.  It keeps your credit score up, and minimalism aside, there's something to be said for that.

Once I am traveling in my 8-10 year old minivan (which is looking more likely now), with next to nothing inside (courtesy of a 5'x10' storage unit), I may not be quite as concerned. Large amounts of cash on hand to me is anything north of $100, so not too much problem there. I still am concerned about the erosion of our civil liberties due to an increased/perceived need for "safety/security.  It's a razor thin edge that we are on, and seems to be/have tipped to the fewer liberties edge.  When large amounts of money and control are in the picture, I don't think there's a lot of difference between the 2 major political parties, the article mentioned that Eric Holder's group was just as complicit as others.  Here's an interesting sidelight, a March 2017 article speaks about a US Supreme Court decision in which the conservative justice Clarence Thomas is "defending" the accused...

begin quote: "by EWAN WATT & JORDAN RICHARDSON 
March 10, 2017 4:00 AM Civil asset forfeiture is arbitrary and unfair, and it gives law enforcement the wrong incentives. Supreme Court Justice Clarence Thomas is well known for staying silent during oral arguments, but his written statement in response to Monday’s denial of certiorari in Leonard v. Texas posed a question that was heard loud and clear throughout the legal community. That question asked “whether modern civil-forfeiture statutes can be squared with the Due Process Clause and our Nation’s history.” In other words, why are police still allowed to seize property from people without ever charging them with a crime? According to the facts of the petition, a Texas police officer stopped James Leonard and Nicosa Kane on April 1, 2013, for a traffic infraction. A search of the vehicle yielded the discovery of a safe in the trunk, which contained $201,100 and a bill of sale for a Pennsylvania home. The money was seized because law-enforcement officials believed that it was “substantially connected to criminal activity,” including the sale of narcotics. 

Read more at: http://www.nationalreview.com/artic...re-clarence-thomas-asks-if-its-constitutional

End quote.

Now I kinda wonder in this day and age why a person wouldn't wire transfer $201K to their bank, of course that would cause a report to be filed concerning the proceeds coming from where/what.  These cases are not "open and shut", there's always some sticky issue involved. I mean in this case, if you bother to read the proceedings, both individuals had prior narcotics arrests, both changed their stories about cash on hand several times and finally, when asked about the $201K in cash and if it came from drug sales, one defendant replied: "not most of it...".  OK, so maybe this bust was legit, still, for those of us who don't carry safes full of cash, we still have concerns.
 
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