1. Have something to say? Register Now! and be posting in minutes!

Congress Finally Addressing Asset Seizure

Discussion in 'Politics Forum' started by Eugene Baker III, May 19, 2016.

  1. Eugene Baker III

    Eugene Baker III Go UCR Highlanders!!!

    18,492
    3,061
    293
    Joined:
    Jun 30, 2015
    Location:
    Lake Dixon, Escondido, CA
    Hoopla Bookie:
    $ 947


    A bipartisan group of federal lawmakers introduced a bill Thursday that would rewrite the rules on civil asset forfeiture, the federal program that allows police officers and sheriff’s deputies to seize cash and property from people who have not been arrested or convicted.

    Thirteen members of Congress joined to sponsor the legislation, which they called the Due Process Act of 2016.

    “Civil forfeiture remains one of the greatest assaults to property rights and due process in America today,” said Rep. Darrell Issa, R-Vista, one of the representatives to co-introduce the bill. “What was once intended to ensure drug dealers couldn’t keep the fruits of their illegal activities has now become grossly misused.”

    Under existing federal law, local law enforcement agencies can confiscate houses, cars, boats, aircraft, cash and other property if they suspect the assets were obtained through criminal activity. The law does not require that suspects be convicted or even charged with a crime.


    After the property is seized, local police and sheriff’s departments are entitled to retain a percentage of the proceeds and spend the money on virtually any law enforcement-related expense they see fit.

    When the program was established in the early 1980s, it generated about $100 million in seized assets. By 2012, local law enforcers seized more than $4.5 billion in assets.

    The San Diego County Sheriff’s Department, San Diego police and San Diego District Attorney’s Office are the three largest participants in the civil asset-forfeiture program in California, as measured by the number of cases they participated in between 2001 and 2014.

    Combined, the three agencies collected more than $15 million to boost their annual budgets, according to a study released this week by the American Civil Liberties Union.

    All three departments declined to respond to questions on Thursday about the Due Process Act.


    The bill, backed by 10 Republicans and three Democrats, would cut the amount of time the government has to notify property owners that their assets have been formally seized to 30 days from the current 60.

    It would also make it easier for property owners to contest seizures by giving them more time to respond, providing the opportunity for a hearing before a magistrate judge and guaranteeing them the right to a lawyer if they cannot afford one.

    The law would also increase the burden of proof on law enforcers who want to confiscate property from “a preponderance of evidence” to “clear and convincing” and allow for recovery of attorney’s fees in certain cases.


    “Though there are still issues to be addressed, the legislation we’re putting forward today is a great starting point for a conversation on how we’re going to stop these abuses,” Issa said.

    Rep. Mimi Walters, R-Laguna Niguel, is the only other California delegate to co-sponsor the bill.

    San Diego attorney Richard Barnett has built his practice defending people who had their assets confiscated without ever being charged with a crime. He said the legislation sounded like a step in the right direction.

    “The right to a hearing early in proceedings to determine whether there is probable cause for the seizure of property is very significant,” he said. “Under the current law, you don’t have a chance to test whether the government had probable cause until the summary judgment of the case. At best, that’s not happening until six or nine months after the property has been seized.”

    Margaret Dooley-Sammuli, the ACLU of California policy director, said Congress should reform the federal civil asset forfeiture law but she also said state lawmakers should pass a state bill that would prevent California police and sheriffs from seizing assets without a criminal conviction.

    Bill would rein in asset seizures

    Asset Forfeiture Abuse

    A Setback for Justice

    What Should You Do if the Cops Try to Seize Your Property Unfairly? | VICE | United States

    LA Daily News: Protecting property from unfair seizure: David Hadley and Holly J. Mitchell

    Feds fighting to keep cash seized from person never charged with crime | Fox News
     



    • Like Like x 12
  2. Eugene Baker III

    Eugene Baker III Go UCR Highlanders!!!

    18,492
    3,061
    293
    Joined:
    Jun 30, 2015
    Location:
    Lake Dixon, Escondido, CA
    Hoopla Bookie:
    $ 947


    Due Process Act....I like it.
     
    • Like Like x 2
  3. bigred472

    bigred472 theoldestidiotonthisboard

    8,919
    579
    113
    Joined:
    May 1, 2013
    Hoopla Bookie:
    $ 1,000


    -------
    If any of said assests were gained by illegal means, then the monies/assets should not be returned to those arrested OR convicted. If they aren't convicted....fine give the shit back to the rightful owners.
     
    • Like Like x 1
    • Winner Winner x 1
  4. Eugene Baker III

    Eugene Baker III Go UCR Highlanders!!!

    18,492
    3,061
    293
    Joined:
    Jun 30, 2015
    Location:
    Lake Dixon, Escondido, CA
    Hoopla Bookie:
    $ 947



    "San Diego attorney Richard Barnett has built his practice defending people who had their assets confiscated without ever being charged with a crime. He said the legislation sounded like a step in the right direction.

    “The right to a hearing early in proceedings to determine whether there is probable cause for the seizure of property is very significant,” he said. “Under the current law, you don’t have a chance to test whether the government had probable cause until the summary judgment of the case. At best, that’s not happening until six or nine months after the property has been seized.”
     
    • Like Like x 1
    • Useful Useful x 1
  5. xpuctaqpGT

    xpuctaqpGT Modern Major General

    1,751
    246
    63
    Joined:
    Jul 7, 2013
    Location:
    Tampa, Florida
    Hoopla Bookie:
    $ 50


    I fully support this legislation. Civil Asset Forfeiture is CRAP.
     
    • Winner Winner x 3
    • Like Like x 1
  6. williewilliejuan

    williewilliejuan Giant Member

    10,091
    2,569
    293
    Joined:
    Jul 23, 2013
    Location:
    Yorba Linda, CA
    Hoopla Bookie:
    $ 1,000


    I hate to bust you on your use of acronyms, but Civil Asset Forfeiture would be CAF....

    Carry on.
     
    • Funny Funny x 8
    • Useful Useful x 1
  7. bigred472

    bigred472 theoldestidiotonthisboard

    8,919
    579
    113
    Joined:
    May 1, 2013
    Hoopla Bookie:
    $ 1,000


    -------
    So?
     
  8. 4down20

    4down20 Mainstream as fuck

    42,035
    5,654
    533
    Joined:
    May 10, 2013
    Hoopla Bookie:
    $ 1,014


    So this is something that would go towards actually making sure that is the case.

    Or would you like for your stuff to be taken just because they claimed you obtained it illegally?
     
    • Winner Winner x 2
  9. bigred472

    bigred472 theoldestidiotonthisboard

    8,919
    579
    113
    Joined:
    May 1, 2013
    Hoopla Bookie:
    $ 1,000


    -------
    Until there is proof of innocence I have no objection to the government holding on to the assets. San Diego was used as an example. Right next to the drug running border. Of course assets should be held until your name is cleared
     
    • Facepalm x 4
    • Bullshit x 3
    • Like x 1
    • Dislike x 1
    • Rainbow x 1
  10. Eugene Baker III

    Eugene Baker III Go UCR Highlanders!!!

    18,492
    3,061
    293
    Joined:
    Jun 30, 2015
    Location:
    Lake Dixon, Escondido, CA
    Hoopla Bookie:
    $ 947


    Civil forfeiture remains one of the greatest assaults to property rights and due process in America today,” said Rep. Darrell Issa, R-Vista, one of the representatives to co-introduce the bill. “What was once intended to ensure drug dealers couldn’t keep the fruits of their illegal activities has now become grossly misused.”

    Under existing federal law, local law enforcement agencies can confiscate houses, cars, boats, aircraft, cash and other property if they suspect the assets were obtained through criminal activity. The law does not require that suspects be convicted or even charged with a crime.


    After the property is seized, local police and sheriff’s departments are entitled to retain a percentage of the proceeds and spend the money on virtually any law enforcement-related expense they see fit.


    This doesn't bother you? Really?

    It does not bother you that Sonny Crockett is driving around in your Ferrari and you were never convicted?

    Judge Judy uses your place in Tahoe and they never charged you?
     
  11. kburjr

    kburjr Well-Known Member

    3,565
    939
    113
    Joined:
    Dec 2, 2014
    Location:
    exiled in Illinois
    Hoopla Bookie:
    $ 1,000


    What a country!! Guilty until proven innocent.
     
    • Winner Winner x 8
    • Like Like x 1
  12. Eugene Baker III

    Eugene Baker III Go UCR Highlanders!!!

    18,492
    3,061
    293
    Joined:
    Jun 30, 2015
    Location:
    Lake Dixon, Escondido, CA
    Hoopla Bookie:
    $ 947



    Wisconsin seizes stuff from the elderly on a whim...ACLU has a,department just for those aholes.
     
  13. Rex Racer

    Rex Racer Ireverrent Member

    18,114
    3,081
    293
    Joined:
    Jul 15, 2014
    Location:
    NH
    Hoopla Bookie:
    $ 1,031



    Proof of innocence?!?!?!?

    Did you skip a few civics classes?
     
    • Funny Funny x 6
    • Like Like x 4
    • Winner Winner x 3
  14. raider bill

    raider bill Well-Known Member

    3,555
    846
    113
    Joined:
    Sep 2, 2014
    Location:
    NJ
    Hoopla Bookie:
    $ 1,000


    you are about as dumb as one of those fucking corncobs you got out there.
     
    • Like Like x 5
    • Funny Funny x 2
    • Winner Winner x 2
  15. gohusk

    gohusk Well-Known Member

    8,536
    670
    113
    Joined:
    Jul 16, 2013
    Hoopla Bookie:
    $ 3,000


    Proof of innocence? WTF are you talking about? Our law is supposed to be based on a presumption of innocence.
     
    • Winner Winner x 4
    • Funny Funny x 1
  16. outofyourmind

    outofyourmind Oklahoma Sooners

    19,847
    4,445
    293
    Joined:
    Jul 2, 2013
    Location:
    Oklahoma City
    Hoopla Bookie:
    $ 1,000


    tumblr_miylwwc4W41rwu9euo1_400.gif
     
    • Winner Winner x 1
  17. it'sHuskers4me

    it'sHuskers4me strah ništa

    6,030
    498
    83
    Joined:
    Sep 23, 2010
    Location:
    Nebraska
    Hoopla Bookie:
    $ 1,000


    What a crock of horseshit! If I were going to another state to buy a car for $5,000 cash and I got caught going 3mph over the speed limit, the cops can take my money as it might smell like dope to a police dog. All I am guilty of is having money that was out of my control before the lady at the bank handed it to me. It's bad enough banks give me the third degree when I pull a couple grand out of my account - another story.

    A recent news segment had the local Sheriff bitching because the Feds hadn't sent back any money for 3 months. Has anyone heard if this happened on a national level? Local LEOs had to cut back on their budgets because of the Feds keeping all the money that the locals felt was theirs.
     
    • Winner Winner x 2
    • Like Like x 1
  18. SDPaddlefish

    SDPaddlefish Well-Known Member Supporting Member Level 1

    1,473
    473
    83
    Joined:
    Jul 8, 2013
    Hoopla Bookie:
    $ 1,391


    Good start, but doesn't go far enough.
     
    • Winner Winner x 2
  19. 006

    006 WGWTFA

    4,458
    924
    113
    Joined:
    Apr 18, 2013
    Location:
    My own little world
    Hoopla Bookie:
    $ 1,741


    2a89060523dcd8b28c2e8a346dc7b797f392573afc4cd2d28661598befeb6268.jpg
     
    • Funny Funny x 3
    • Winner Winner x 1
  20. Indrid Cold

    Indrid Cold Member In Black

    7,876
    1,347
    173
    Joined:
    Jul 18, 2014
    Location:
    Outer Innerstan
    Hoopla Bookie:
    $ 1,000


    yakov.png
    He had a theater in Branson, MO last time I was there.
     
    • Winner Winner x 1