Slashdot Mirror
Eric Holder Severely Limits Civil Forfeiture
gurps_npc writes: As most people know, the US has for quite some time let police seize pretty much anything they wanted to, forcing you to go to court to get back your stuff (at significant expense). Most of the problems came about because the Federal government let the local cops keep most of what they took.
Eric Holder, the U.S. Attorney General, has changed the rules of that program, making it more difficult for the police to do it under the federal program. They can still use local state programs, but that accounts for only about 57% of the cash taken. Holder did not end the program entirely — he left in some exceptions for things like explosives, weapons, and items related to child pornography, which all together amount to about 1% of the current federal program. Still, with this action he will have struck a serious blow to a despicable practice that serious newspapers and comedy TV shows decried as nothing more than legalized theft.
Eric Holder, the U.S. Attorney General, has changed the rules of that program, making it more difficult for the police to do it under the federal program. They can still use local state programs, but that accounts for only about 57% of the cash taken. Holder did not end the program entirely — he left in some exceptions for things like explosives, weapons, and items related to child pornography, which all together amount to about 1% of the current federal program. Still, with this action he will have struck a serious blow to a despicable practice that serious newspapers and comedy TV shows decried as nothing more than legalized theft.
You know someone is going to come in and say this is awful because reasons, because it was done under the Obama administration by Eric Holder.
...but it's being eaten...by some...Linux or something...
The problem wasn't that they weren't following the laws. The problem was what they were doing wasn't illegal in the first place.
It can be difficult to get the cops to follow the law. But it's often impossible to get them to "do the right thing".
So this is definitely a good step in the right direction. Don't complain just because we've gone from "impossible" to merely "difficult". Sometimes these things take awhile to straighten out. Be thankful we made some significant progress today.
I work for the Department of Redundancy Department.
The GOP maybe, but this has been a hot-button issue for conservatives for a while, and the current sentiment is "wait, who did this wonderful thing, I must have heard you wrong". The difference between conservatives and the GOP is left as an exercise for the reader.
Socialism: a lie told by totalitarians and believed by fools.
There is no good reason, under any circumstances, for pretrial forfeiture. If you have probable cause (the Constitutional standard for police procedure in the field) to suspect a person of the crimes you describe, arrest and charge him. If he is subsequently found guilty, THEN taking his stuff can be a part of the punishment.
The reason police love civil forfeiture is that is is used only in situations where a suspect is not arrested. An arrest triggers a series of Constitutional protections, while civil forfeiture takes place outside of this legal firewall.
I'm not an Obama fan, and I'm certainly not a Holder fan. However, if Holder's actions result in eliminating most of the bogus seizures that have been going on, I'll be more than happy to give him due credit for it.
Please stand clear of the doors, por favor mantenganse alejado de las puertas
Sure, except that's not the damn choice! The actual choice is between due process (i.e., outlawing civil forfeiture) and lack of due process (i.e, shitting all over the Fourth Amendment), and that should be an easy choice for anyone who isn't a totalitarian sociopath.
Choosing between fines and prison as a punishment after trial and conviction is a wholly separate issue.
"[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz
It goes in the evidence locker until the driver finishes their trial for possession.
It goes in the evidence locker until the driver finishes their trial for possession.
It goes in the evidence locker until the driver finishes their trial for possession.
It goes in the evidence locker until the driver finishes their trial for possession.
It goes into impound until the driver finishes their trial for possession.
What's that? You can't be bothered with a court case to prove that anything illegal happened? Well, fuck you.
If I have been able to see further than others, it is because I bought a pair of binoculars.
IMO any property seized without merit is a crime in and of itself. It shouldn't just stop at banning the practice, but permitting anybody whose property was seized to go back and reclaim it unless the police department or government office in question can get a jury to say that the person who lost their property was guilty of an actual crime DIRECTLY RELATED to it. Make that apply to ANY amount, even if it was only a dollar.