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Religion, Politics and World Events They make great dinner conversation, don't you think? plus Political Film

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Old 07-22-15, 11:22 PM   #101
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Re: The One and Only Civil Seizure thread

I'm of the opinion that if you stop a car and find cash hidden in it, oh well. It's not illegal to have cash. If they find illegal drugs, go to town.

Considering how that all seems to revolve around drugs, I'd suggest that the police shouldn't be profiting like the dealers are off this illegal stuff.
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Old 07-23-15, 09:56 AM   #102
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Re: The One and Only Civil Seizure thread

"But that's the only way we can stop them!"

It certainly would be nice if they could only take it from drug dealers rather than people who are merely suspected of having cash.
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Old 07-23-15, 10:13 AM   #103
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Re: The One and Only Civil Seizure thread

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Originally Posted by kvrdave View Post
"Why would he have a bulldozer shipped to his property"? The real answer: "Well, because we're a small town and didn't think anyone would notice".
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Old 07-23-15, 10:44 AM   #104
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Re: The One and Only Civil Seizure thread

I think the better answer would be: because the chief needed a new bulldozer.
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Old 07-23-15, 10:57 AM   #105
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Re: The One and Only Civil Seizure thread

Lawsuit challenges Arizona law that allows police to seize property

http://www.theguardian.com/us-news/2...orfeitures-law
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Old 07-29-15, 10:19 AM   #106
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Re: The One and Only Civil Seizure thread

Oklahoma Takes A Hard Look At What Police Seize — And How It’s Spent

http://nepr.net/news/2015/07/26/okla...how-its-spent/
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Old 08-31-15, 03:22 PM   #107
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Re: The One and Only Civil Seizure thread

http://photographyisnotacrime.com/20...-judges-order/

I'll post this in Cops Behaving Badly as well.
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Old 08-31-15, 03:43 PM   #108
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Re: The One and Only Civil Seizure thread

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Originally Posted by kvrdave View Post
http://photographyisnotacrime.com/20...-judges-order/

I'll post this in Cops Behaving Badly as well.
This is the same incident you've already posted about (http://forum.dvdtalk.com/12523455-post34.html). The only thing new is that the government is appealing.
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Old 08-31-15, 07:08 PM   #109
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Re: The One and Only Civil Seizure thread

Yes, which is why I said I'll post it in the other thread. I may not have been clear.
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Old 11-11-15, 03:36 PM   #110
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Re: The One and Only Civil Seizure thread

And they will come like a thieves in the night.....


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Old 11-11-15, 04:03 PM   #111
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Re: The One and Only Civil Seizure thread

Just a small price to pay for a steep decline in drug addiction rates.

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Old 11-11-15, 04:52 PM   #112
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Re: The One and Only Civil Seizure thread

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Just a small price to pay for a steep decline in drug addiction rates.

That's a great chart. I'm not sure why it's not rolled out any time anyone speaks positively about the War on Drugs.
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Old 11-22-15, 09:33 PM   #113
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Re: The One and Only Civil Seizure thread

You get headlines like this at this site, but if you go to the link and follow the other links, it is well sourced.

http://thefreethoughtproject.com/col...utors-furious/

Quote:
Colorado Juries Keep Letting People Go for Driving on Weed, Prosecutors and Cops are Furious

Adams County, CO — Colorado prosecutors are getting frustrated at jurors for daring to exercise rationality instead of blindly following the will of the State. A growing number of juries are acquitting people of driving under the influence of cannabis, even when tests show they are over the state’s legal blood-THC limit.

Since the recreational use of cannabis became legal, Colorado authorities are scrambling to apply rules and regulations to this new reality. They have established a 5 ng/ml blood-THC limit for operation of a motor vehicle, which seems to be arbitrary as there is no preponderance of data to support a specific number.

Indeed, the assumption that driving on weed poses the same risks as driving on alcohol would be a fallacy. In September, we reported on a novel study that found virtually no driving impairment under the influence of cannabis, while alcohol caused complete impairment.

People in Colorado seem to realize that applying a number to a person’s blood-THC level is not an ultimate determination of their motor abilities.

Take the case of Melanie Brinegar, who was stopped in June for an expired license plate. The cop, not content with collecting that revenue, decided to ruin her day on the suspicion that she was high, even though she had not displayed any erratic driving.

Instead of invoking her 5th Amendment right to remain silent, Brinegar—a licensed medical cannabis patient—answered the cop’s inquiry by saying, “No, I was medicating.”

That gave cops the excuse to demand she perform roadside sobriety tests, at which she did poorly. This enabled them to commit a further intrusion by taking a blood sample, which showed that Brinegar was almost four times over the state’s legal limit.

However, in court Brinegar said that she “drives better” and “is able to focus” after using cannabis. She went on to testify, “When I smoke I don’t get high.”

The jurors believed her. What’s more, the sober jurors tried doing roadside sobriety maneuvers on their own, and some of them failed. They concluded that Brinegar, although “legally” high, was not impaired.

Brad Wood, the foreman on Brinegar’s jury, described the process that allowed them to come to this conclusion:

“The law allows you to infer that the person was impaired if they have over 5 ng/ml. But you may also feel free not to infer that and in any case use all the evidence to make your judgment.”

This application of logic and defiance of arbitrary numbers is driving prosecutors into a hissy fit.

“You are putting lives in danger,” said Tom Raynes, head of the Colorado District Attorneys’ Council. “I want the message to be understood. It’s about driving while under the influence of drugs — it’s not about recreational or medical, it’s about being impaired when you drive.”

Never mind that Brinegar and other defendants are convincing juries that they are not impaired, or that there is no authoritative data on blood-THC levels and impairment, as there is with alcohol.

Colorado residents just don’t think that being over the legal limit for cannabis is the same as being over the legal limit for alcohol, and they are correct.

Instead of accepting this, prosecutors are seeking ways to convince juries that their 5 ng/ml number and their roadside tests are the only things that matter. Let’s hope that jurors continue the path of rationality and consider the individual cases, as they did with Melanie Brinegar.
I think they took a lot of liberty with the interpretation of the source material, but it poses an interesting question about how to deal with this issue doing forward. Since cannabis has a much different tolerance mechanism than alcohol, and metabolized differently, we may find that "one size fits all" solutions aren't as possible here. In other words, at below the legal limit a first time user might be impaired but not be found guilty, while a daily user may never go below that number for all I know.
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Old 11-22-15, 09:48 PM   #114
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Re: The One and Only Civil Seizure thread

And at what amount will a user stick an article in the wrong thread?
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Old 11-23-15, 06:57 AM   #115
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Re: The One and Only Civil Seizure thread

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Old 11-23-15, 10:37 AM   #116
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Re: The One and Only Civil Seizure thread

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Old 11-23-15, 10:41 AM   #117
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Re: The One and Only Civil Seizure thread

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Old 08-05-16, 09:53 AM   #118
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Re: The One and Only Civil Seizure thread

California lawmakers move toward limiting police seizures of property without a criminal conviction

http://www.latimes.com/politics/la-p...nap-story.html
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Old 08-16-16, 09:11 AM   #119
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Re: The One and Only Civil Seizure thread

Police Can Use a Legal Grey Area to Rob Anyone of Their Belongings
When officers categorize wallets or cellphones as evidence, getting them back can be nearly impossible—even if the owner isn’t charged with a crime.

http://www.theatlantic.com/technolog...ngings/495740/
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Old 09-01-16, 11:08 AM   #120
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Re: The One and Only Civil Seizure thread

Woman sues Albuquerque for seizing care despite ban on civil forfeiture

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A woman is suing the city of Albuquerque, claiming it illegally seized her car on only suspicion of a crime, and is seeking to resell it, despite a new state law banning the practice.

After her son was arrested in April for drunk driving while at the wheel of her borrowed Nissan Verso, Arlene Harjo, 56, found herself in court being told that she had to transfer ownership of the car to the city, or else settle the case for $4,000 to get it back.

But last year, New Mexico governor Susana Martinez signed a bill into law that made the practice, called civil asset forfeiture – under which police forces can confiscate and resell personal property based only on suspicion of its involvement in a crime, whether the owner was involved or not – illegal in New Mexico.

However, Albuquerque’s city government is choosing to interpret that law as only applying to state, rather than municipal police departments.

* * *

According to Robert Everett Johnson, an attorney with the Institute for Justice who is representing Harjo, the incentive structure is broken; the salaries of those running the civil asset forfeiture program for the city comes directly out of the program.

“So you can imagine why they are so hesitant to give this up,”
Johnson said. “That’s really the constitutional problem here: the government shouldn’t have a financial incentive to take money from innocent people, but they have exactly that incentive. That’s why they’re going after innocent people like Arlene, and that’s why they’re not following the reform law.”
No shit, they're hesitant to give up all that money. It's shit like this, and not "election fraud", that could lead to civil revolt.
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Old 09-06-16, 07:51 AM   #121
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Re: The One and Only Civil Seizure thread

When the Roman soldiers weren't getting as much money as they believed they deserved, they started to loot the citizens. Pretty much the same now.
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Old 07-21-17, 05:45 PM   #122
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Re: The One and Only Civil Seizure thread

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The Justice Department announced their plans to reinstate the use of asset forfeiture, especially for drug suspects -- making it easier for local law enforcement to seize cash and property from crime suspects and reap the proceeds.

The practice has been criticized because it allows law enforcement to take possessions -- such as cars and money -- without indictments or evidence a crime has been committed.

"Civil asset forfeiture is a key tool that helps law enforcement help defund organized crime, prevents new crime from committed and weakens the criminals and cartels," Attorney General Jeff Sessions said on Wednesday announcing the revived DOJ policy.

Sessions said these seizures help weaken criminal organizations by taking away their funding, returning property back to victims of crime, as well as give funds back to law enforcement officials by allocating the assets toward new vehicles, vests and police training.

"Funds being used to take lives are now being used to save lives," said Sessions.

CBS News' Paula Reid reports that 24 states have passed laws limiting the practice, but local law enforcement can get around those restrictions by giving seized assets to the federal government instead of returning them to their owners. This practice is called "adoption" and it's been used to seize almost $1 billion in assets over the last decade.

In an off-camera briefing on Wednesday with reporters, Deputy Attorney General Rod Rosenstein defended the forfeiture practice as a way to empower law enforcement. This new policy allows local police to seize property even from people not charged with a crime. About 20 states have reformed the practice and said that assets can only be seized with an indictment or conviction.

Reid reports that when asked why the DOJ would override the will of over 20 states that do not want their citizens subject to this, Rosenstein repeatedly claimed that this practice will help solve the opioid crisis.
http://www.cbsnews.com/news/sessions...ce-department/
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Old 09-01-17, 07:52 PM   #123
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Re: The One and Only Civil Seizure thread

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Attorney General Jeff Sessions welcomed the restoration of the practice of asset forfeiture Friday in a speech at a law enforcement conference in Alabama.

"I love that program," Sessions said. "We had so much fun doing that, taking drug dealers' money and passing it out to people trying to put drug dealers in jail. What's wrong with that?"

Sessions, reviewing some of the steps the DOJ has taken recently under his watch, went off script from his prepared remarks to express his excitement about the restoration of the controversial practice. Asset forfeiture allows law enforcement to seize property suspected to be connected to a crime, even without an indictment. During former President Barack Obama's administration, then-Attorney General Eric Holder restricted the ability of the federal government to share in the assets local authorities seized. But Sessions in July brought the program back in full swing, allowing police to seize assets, even in states that have outlawed asset forfeiture, if they give some of the proceeds to the federal government. That practice of "adoption" has been used to seize $1 billion in assets over the last decade.

Sessions' decision to reinstate the program triggered bipartisan backlash, but his mention of the program's return to law enforcement personnel Friday elicited applause. Sessions recognized that some critics don't like the program, although he said he didn't understand why.

"Well, they don't like it. I'm amazed, these people don't get it. We had a reform in early 2001," Sessions said, mentioning he reached a legislative deal for some reforms to the program with Sen. Chuck Schumer when he was also a senator.

That legislation, "made some things that tightened it up, relieved some of the concerns from our libertarians, I thought," Sessions added. "But here they're back again, and actually curtailed this program for the last several years, but we're going to keep it out there and as long as we can, we will be doing it.

"And I know you'll do it in an honorable and effective way and not abuse the system," Sessions added. "But taking ill-gotten gains from drug dealers is the right thing, as far as I'm concerned, and we're going to emphasize that in every way that's appropriate."

Asset forfeiture has long been criticized by civil liberties advocates on constitutional grounds. The program is also criticized because people who have their homes, cars or cash seized wrongly have a difficult time getting those assets back. The DOJ's own watchdog also recently found that many local police departments depend on the funding from seized assets.

Sessions also praised the return of a program that allows police forces to use excess military equipment, such as tanks and artillery. Obama's DOJ had also curtailed that program.
https://www.cbsnews.com/news/session...that-program/#
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Old 09-01-17, 08:44 PM   #124
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Re: The One and Only Civil Seizure thread

Did he really say civil forfeiture was fun? Tell me that's an onion article.
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Old 09-01-17, 08:48 PM   #125
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Re: The One and Only Civil Seizure thread

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Tell me that's an onion article.
January 20 2017. Look it up broh.
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