Tag Archives: civil asset forfeiture

Egads! Police Are Scanning Your Credit Cards And Taking Your Money

 

Oklahoma Cops Find A New Way To Take People’s Money, Even If They Don’t Have Cash

“You have effectively a way of instantly seizing a digital account from a traffic stop. That’s a capability I have never seen before.”- Brady Henderson, legal director for ACLU Oklahoma

 

 

 

Popular Science: Card Readers Allow Oklahoma Highway Patrol To Seize Suspects‘ Money

Cops give new meaning to ‘ highway robbery’

Oklahoma Watch: New Front in Civil Forfeiture

Law Enforcement Seizures Misspent, Missing

 

 

 

 

Government Calls It ‘Civil Asset Forfeiture’: Americans Call It Robbery

 

“Did you know police can just take your stuff if they suspect it’s involved in a crime? They can!
It’s a shady process called “civil asset forfeiture,” and it would make for a weird episode of Law and Order. See?”    Last Week Tonight with John Oliver

 

 

 

 

 

Via: aclu.org

On May 31, 2008, approximately 130 members of the CAID gathered for Funk Night, a well-publicized monthly event featuring music and dancing from midnight to 5 a.m. Shortly after 2 a.m., Detroit police officers, dressed entirely in black, with their faces masked and guns drawn, stormed into the CAID and ordered everyone present to lie face down. Many of the CAID’s patrons were standing in the back yard and were forced to lie with their faces in the mud.

Those who asked questions, including a lawyer, or did not move fast enough were kicked to the ground by police officers. The officers then separated men and women and searched them all, issuing each a misdemeanor citation for “loitering in a place of illegal occupation.” The officers also seized the cars of anyone who had driven to the CAID under Michigan’s “nuisance abatement” statute. In total, approximately 130 loitering citations were issued and more than 40 vehicles were seized.

Dan Korobkin, ACLU of Michigan staff attorney:

“In a free country, the police may not conduct commando-style raids on innocent people and seize their property without justification,” said Dan Korobkin, ACLU of Michigan staff attorney. “We hope this case will put a stop to the Motor City shakedowns we’ve seen across the city – the practice of arresting innocent people, seizing their cars, and refusing to return them unless they pay a $900 ransom.”

In a 32-page opinion, U.S. District Judge Victoria A. Roberts ruled that the police violated the Fourth Amendment when they arrested everyone at the art gallery merely for being present and seized their cars without evidence that they had broken a law. In addition, Judge Roberts found that the police misconduct at the CAID was not an isolated incident, but was in fact part of “a widespread practice” and “custom” by the Detroit Police Department of unconstitutionally “detaining, searching, and prosecuting large groups of persons” and impounding their cars based on their mere presence at a raid location.

Detroit police raid of the Contemporary Art Institute of Detroit

‘Policing for Profit’ perverts justice

Stopping the abuse of civil asset forfeiture

Why You Should Keep Cash Under Your Mattress

End Civil Asset Forfeiture

Policing for profit

 

 

Policing For Profit: Institutionalization of Government Looting Results in Police Robbing Citizens

Via: Institute for Justice

Policing for Profit: The Abuse of Civil Asset Forfeiture

by Marion r. Williams, PhD., Jefferson E. Holcomb PhD., Tomislav kovandzic PhD., Scott Bullock

 

Civil forfeiture laws represent one of the most serious assaults on private property rights in the nation today.  Under civil forfeiture, police and prosecutors can seize your car or other property, sell it and use the proceeds to fund agency budgets—all without so much as charging you with a crime.  Unlike criminal forfeiture, where property is taken after its owner has been found guilty in a court of law, with civil forfeiture, owners need not be charged with or convicted of a crime to lose homes, cars, cash or other property.

Americans are supposed to be innocent until proven guilty, but civil forfeiture turns that principle on its head.  With civil forfeiture, your property is guilty until you prove it innocent.

 

 

 

 

Policing for Profit: The Abuse of Civil Asset Forfeiture chronicles how state and federal laws leave innocent property owners vulnerable to forfeiture abuse and encourage law enforcement to take property to boost their budgets.  The report finds that by giving law enforcement a direct financial stake in forfeiture efforts, most state and federal laws encourage policing for profit, not justice.

Policing for Profit
 also grades the states on how well they protect property owners—only three states receive a B or better.  And in most states, public accountability is limited as there is little oversight or reporting about how police and prosecutors use civil forfeiture or spend the proceeds.

Federal laws encourage even more civil forfeiture abuse through a loophole called “equitable sharing” that allows law enforcement to circumvent even the limited protections of state laws.  With equitable sharing, law enforcement agencies can and do profit from forfeitures they wouldn’t be able to under state law.

It’s time to end civil forfeiture.  People shouldn’t lose their property without being convicted of a crime, and law enforcement shouldn’t be able to profit from other people’s property.

 

Looting By U.S. Government at All-Time Highs

Operation Mini-van: NYPD still using scantily clad female officers as bait to forfeit the vehicles of men looking for sex

Cato Institute: Policing For Profit Podcast

Man Loses $160,000 in New Policing For Profit Case

Forbes: Cops In Texas Seize Millions By Policing For Profit

Romulus (MI) Police Chief accused, with fellow officers, of using asset forfeiture funds to pay for drugs, hookers and personal enrichment

Property On Trial: Texas vs. One 2004 Chevy  Silverado

Police ‘Shakedown’: Where Is The Money?  Give Us The Money And You Can Go!