US Civil Asset Forfeiture

[jcgriff2]

Incredibly, this is absolutely true. . .

 

[britechguy]

Happened right here in the small town in the Shenandoah Valley where I live: Smoking Roosters BBQ back after owner lost his savings in a blink

The miracle is that this guy managed to bounce back from it all, which is very much the exception, not the rule.

 

[A Guy]

And this mostly targets people of color

Papers: Police seize $17M in 3 years; blacks targeted most

A Guy

 

[jcgriff2]

I believe that Arizona is about to outlaw the practice. This article says that the Arizona House passed it and I've heard that the AZ Senate has passed it as well, but I'm unable to find an article on that.

If true, the bill just needs the Governor's signature.

House passes bill to require convictions before seizing assets (azmirror.com)

Well, that would take care of Arizona for AZ LEOs, but the Feds could still seize within AZ, I guess.

There are other states that have outlawed this practice, but I'm unsure of which ones.

 

[A Guy]

North Carolina , New Mexico and Nebraska have abolished civil forfeiture entirely

Asset Forfeiture Laws by State - FindLaw

Civil Asset Forfeiture State Grading Map - Clergy for a New Drug Policy

A Guy

 

[jcgriff2]

North Carolina , New Mexico and Nebraska have abolished civil forfeiture entirely

Like with Arizona, the above states abolished civil asset forfeiture via new state laws.

Unfortunately, state laws do not apply to federal agents, like those in the DEA.

So, as you are being screened at the airport and your carry-on bag(s) x-rayed, if the TSA agent notices any amount of cash, he/she can still radio ahead/tip off federal agents and they can still confiscate the cash in these states.

It is similar to states that have legalized marijuana; businesses have opened to sell it and make a lot of money; business owner deposits daily proceeds into a bank account; the FEDS wait until the bank account balance is substantial, then they pounce and seize the entire bank account because marijuana is still illegal at the federal level and banks are considered to be federal institutions because they are insured by the FDIC/other federal programs, so the feds have ultimate jurisdiction. So, owners of these stores are forced to keep a ton of cash in their homes and businesses to keep it out of reach of the feds.

We need the US Congress to pass a federal law(s) abolishing civil asset forfeiture to stop the practice entirely. A federal law would stop it at both the federal level and state/local level.

The US Congress also needs to legalize marijuana and change other drug laws to be more lenient. Face facts - we lost "the war on drugs" a long time ago.

 

[britechguy]

The entirety of making drugs illegal (anywhere) has always been an exercise in foolishness and futility, and actually creates a full-blown underground market with all the criminality that goes with it.

Drug addiction, when it occurs, should be treated as a health issue. Overall it's a public health issue, and we'd be so much better off if that's how it were treated.

Humans (or a subset of them, anyway) always have and always will seek out mind-altering substances. Better that those doing so don't have to turn to criminal syndicates to obtain them, that governments can actually make money via regulation and taxation, and those who slip from recreational use to addiction can get the help they need without being treated as criminals.