Rapacious politician-thieves (but I repeat myself) get bolder.
City Officials Who Ignore State Law Against Civil Asset Forfeiture Get Hauled Into Court.
"Recently I wrote about a suit challenging the law in Arizona – a state that’s very friendly towards the abomination called civil asset forfeiture. There, innocent people who have had their property stolen by public officials have to worry that if they fight to get it returned and lose the case, the government will force them to pay out additional money to cover its legal costs in fending off their claims. Across the state line in New Mexico, a different but equally vexing legal situation prevails. Back in summer, the state legislature unanimously passed a bill that defangs the civil asset forfeiture viper and Governor Martinez promptly signed it into law. Amazingly, however, civil asset forfeiture continues in New Mexico, as officials in Albuquerque and other cities scoff at the law."
25 comments:
As my son who lives in NM (mostly because my Daughter-in-law's parents live there) often says, "Welcome to New Mexico, Land of ENTRAPMENT. Set your watch back 100 years.
Funny thing though, they have unlicensed open carry there (although local "only-ones" are still liable to hassle anyone caught doing so) and we won't have open carry here in Texas (LICENSED at that) until the first of next year. Guess they never had dumbocrats decide to put the screws to repubs by taking away open carry there like we did in Texas.
This too, will get 'corrected' in the big conservative patriot reset.
Black Rifles Matter!
4GW!
I find myself incapable of saying anything nice about this.
The left has gone around the bend and have gone full Fascists . Mike the gun grabbers have gone completely nuts . Now they are carrying Dildos (Plastic penises) strapped to their hips in mock response to guns on college campuses. I wish making this pecker joke up but they have #CocksNotGlocks as their motto. The only hope for them is top play dead when the next shooter comes on campus , that worked well in Paris.
Being one of those people who got robbed by the Cops I can tell you it is a racket. I was going to buy a car I had found on Craigslist and got pulled over just a mile from the destination. The Cop said I was weaving and he thought I had been drinking. I assured him that I dont drink at all. He started asking the typical questions such as where are you going what are you doing which silly me I answered that I was going to buy a car. He then asked to see the money I showed him and he took it. He said this is proceeds fro m drug dealing. Counted it, wrote me a reciept and left. I was shocked. They sent me a letter that I had to come and claim the money. First thing I can say is never go there. All they do is bombard you with questions trying to get you to say something incriminating. Send letters. I looked for a lawyer but they wanted as much as was taken from me to defend me. Well it went to court. Their special appointed judge just for these matters. You dont get a jury because you are not the one on trial. Your money is. Trying to prove it is your money is almost impossible. Even thou I brought the bank receipt from withdrawing nthe money and copies of my bank statements showing income it was not enough. Crooks all of them.
TimeHasCome,
I looked up the CocksNotGlocks hashtag and found this interesting quote in a piece on "ThinkProgress":
“You’re carrying a gun to class? Yeah well I’m carrying a HUGE DILDO. Just about as effective at protecting us from sociopathic shooters, but much safer for recreational play,” the organizer, Jessica Jin, wrote.
I guess, for these folks anyway, the dildo is as mighty as a gun. Me? Think I'll keep my gun.
In more sane and rational times, Highwaymen were hung for their crimes.
And remember by the way, Anonymous @ 10:53, the VAST MAJORITY of cops are good guys who would never do such a thing. Look in the miror each morning and say that to yourself. It'll ease the pain in your rectum.
To Anonymous at 10:53 AM. A police officer cannot take anything off you unless he/she has a reasonable suspicion that; it may be stolen, or it is the proceeds from some kind of criminal activity.
When police do a traffic stop your vehicle registration and driver's license would have been checked. The officer would then have put in a radio call for a criminal background check to see if you were wanted on any warrant or had a history of some kind of criminality.
You do not mention your own history in the comment you have put up, so am I to take it that you have no criminal history that would have given the officer at that time reasonable cause to suspect something?
Your court appearance was not a trial but a hearing to determine the origin of all that cash you were carrying - the amount of which you also fail to mention - so there would have not been the need to empanel a jury. If, as you comment, you provided the legitimate source of the money - and I would have done so at the police station - there is no legal standing for anyone to then retain what was taken off you. What you are suggesting in your comment is that the police and the local judiciary are in on confiscating 'goods' that they feel they can get away with confiscating - if that is the case then I would suggest taking the matter further, like, to a no win no fee lawyer with a good reputation for beating crooked cops and judges at their own game.
Nemesis:
it appears that you haven't been paying attention for some years now. You can find similar stories from nearly all states. Lots and lots.
Here is a good place to start. Don't forget to read the comments, and then go read the original article:
To give you a taste:
" Now, according to the FBI, the total amount of goods stolen by criminals in 2014 burglary offenses suffered an estimated $3.9 billion in property losses. This means that the police are now taking more assets than the criminals."
http://bayourenaissanceman.blogspot.com/2015/11/a-damning-statistic-about-big-brother.html
Nemesis.
Ive never had any trouble with the law. Ever.
It was enough to buy a good quality used car. Not a cheapo.
The cops want you to talk however after they seize the property, they have nothing to do with the forfeiture case against the money. So talking to them just gets you in more trouble. As they say. Anything you say can be used against you. Lawyers wont take a contingency case. They only do it for cash upfront. All the cops have to do is say that they "Think" that the money was involved with a crime. No proof necessary.
My case was 6 years ago. These days I read somewhere that the police take more from people than criminals do. I used to believe that the system works. I dont anymore. Ive talked to a lot of people in the last 6 years that this has happened to you and they were all good hardworking people who just happened to have something that the Cops wanted.
If this practice continues, and the court system continues to cover for thieves in blue uniforms, then the only avenue left to us is the use of egregious violence in justified self defense.
if officials are "scoffing" at the law, wouldn't that be called "theft" ? After all, the police do occasionally commit other crimes ("scoffing") .
Nemesis- You sound all informed on this. But consider this. The pig had no business taking his money in the first place. Further, his search for a lawyer found only ones that charged more than the money was worth. Some of us don't have funds to fight these battles. Then if you fight the bastards & win, they'll lay for you & dream up some more bullshit. The original story says it all. The law doesn't matter to these assholes. What does that leave?
Finding common sense in France would be like finding character and real courage and commitment in America.....urban legends and myth, nothing more. The last time the things I mentioned existed in America, the Founding Fathers had them, since then, nothing. The French (and Americans) rolled over and accepted these criminal "leaders" because to have courage, commitment to freedom, and self sacrifice means they would have to take personal responsibility for their respective countries...and We KNOW thats not gonna happen with complacent and lazy brainwashed populations who think thgey are "exceptional"......You can't cut through that well set delusion if you tried diamond coated high speed saw blades.
Sign Me, Neal Jensen
Anonymous at 10:53 is obviously a troll, and you're all wasting your time trying to make sense of any portion of the contrived story. Yes, AF does occur. Yes, it's highway robbery, but the details are too sketchy to be believed.
HinMO
Nemesis clearly doesn't understand how Civil Forfeiture works. "Reasonable suspicion" in the case of a few thousand in cash is the mere carry of the money. Don't believe me? Take out $5K from your bank....and you'll get all kinds of questions about your 'big plans' for the money from the teller or the manager. Sure, they'll make it seem like it's small talk but they too are fishing since anyone using cash *must be* doing so b/c they are criminals. :rolleyes:
Where Anon at 10:53AM screwed up is by doing what we all do....giving far too much information to police while they go fishing for a reason to search your vehicle...or in this case, steal your money.
To all those who responded to my original comment.
Will ; What occurred to Anonymous 10:53 AM is not civil forfeiture but a process under the law that allows police to confiscate, seize or dispose of 'goods in custody' or 'goods' that are suspected of being stolen or suspected to be used for the commission of an indictable offence - a felony.
Civil forfeiture can only occur after a person has been convicted at court of a crime that the act of civil forfeiture covers - major felonies.
To the original Anonymous ; if that is the case as you have stated in your response then you have a real problem in your area. What I can't understand is this ; if you had provided evidence that your cash had been withdrawn from an ATM - receipt or over the counter at a Bank, that should have been irrefutable proof that the cash was yours and no amount of 'suspicion' in what you uttered to that cop could have given him grounds for seizing that cash. BTW, did you follow through to find out where the money ended up? And the inference is by your comment, that it is not only the cop who is corrupt, but also those who are in office to uphold the law and who benefit from that crooked cop's conduct. That is indeed a very serious allegation!
Have things become so corrupt in your part of the world?
To Anonymous at 9:33AM. The purpose of withdrawing your own money from any Bank has nothing to do with the teller or the manager - and you have every right to tell them so! I know how civil forfeiture works - I used to be a cop!
If the seizure and subsequent confiscation of that cash actually occurred, then remaining silent would have served no purpose.
I have no doubt that some police wear a uniform just to feather their own nest. Police, like all humans are subject to greed and the abuse of power - and that is a simple fact of life.
Okay, I guess I'm going to say something not nice.
Criminals are criminals.
Wearing a stripper costume while committing crimes just means I'll laugh when I kill you.
No matter what .The thin blue line will get/ take their cut. Planting drugs on innocent people who were pulled over.In the 70's we had an officer who was feared on a traffic stop.That was his m.o. Another lawman, another town.Would take you're herb.Keep it for himself. Not arrest you.Then use you as a C.I. Plus he had a habit of seducing citizens wives.Seen another stop @ a gas station.The occupants had to be dealers.As the cops were stuffing rolls of bills into their pockets.So as a teen /adult.The only things I expect from cops is a good ass kicking and an arrest. Funny as a kid. Mom would say the police were you're friends.Not saying all are like this. Behind enemy lines...
It's worth remembering where Civil Asset Forfeiture came from. It was Nixon with his RICO act, supposedly to be used against "drug kingpins" only, and only in federal prosecutions. Now it has spread everywhere, to every podunk PD.
We are always surprised, for some reason, when those in government don't stop at a point that seems reasonable to us. But we don't matter, folks. People in government do what they do for themselves, and we are left sucking the hind tit.
The solution is to stop looking to government as a remedy for problems. They are the creators of problems, not the remedy. Become an apostate from the government religion. Stop believing.
Nemesis,
You are splitting hairs about when something "becomes" civil forfeiture. When the cop confiscates the cash on the road side under the auspices of some sort of criminal enterprise or racketeering, it is with the intent to seize the funds and have the court declare that seizure legal and "civil forfeiture" at a later date. It's the same thing regardless.....and cops can make up any reason they want for why they think you are engaged in illegal activity.
As for the bank...stick to what you claim to know: police work.
Look into CTRs, Currency Transaction Reports, SARs (Suspicious Activity Reports), and FinCen (Financial Crimes Enforcement Network). You have every right to tell the managers and tellers it's none of their damned business, but they are REQUIRED by law to report it using those forms to FinCen...even if the amount is under $10K. I know, b/c I was reported on multiple occasions simply b/c I wouldn't tell them what I planned to use the funds for. I could have lied...but that goes against my religious beliefs so instead, I stuck to the truth...that it was none of their business. For my part, I have no criminal background; and at that point in time, I didn't own my own business and the deposits to my account were directly from my employer. It was obvious where the money was coming from....they didn't like the fact that I transact most everything in cash and (at the time) kept most of it out of the bank's vault due to concerns of a repeat in our financial/banking system like that in the early 1900's.
This country is broken....from the legal/political system to banking to education to defense.
Anonymous 4:55. By your own comment you were subject to a shakedown that has nothing to do with any law or splitting hairs. Your info was scanty, so was I to take your comment at face value?
Did you follow up on where that money went? Did you complain to the shift supervisor on the day of the shakedown? Did you visit the local court house to seek some legal advice as to your rights following a traffic stop and the seizure of your cash?
While the rule of law still applies, and regardless of how corrupt some areas of it may have become, you still have rights.
Nemesis: The Bank Secrecy Act of 1970 *is* law. Perhaps look it up.
FYI...I wasn't the one who dealt with the theft of his money by LE during a traffic stop. That was another poster.
You responded to him that it wasn't actually "civil forfeiture" until the court adjudicated the matter and I was merely pointing out that it's the same thing.
The fact that you end your commentary with "the rule of law still applies" shows just how completely disconnected you are from reality when there are two sets of laws....one for the common folk and one for the connected. Examples abound....all one has to do is open their eyes.
The rule of law no longer applies (rather the whole point of the linked article).
If we are to have our rights, we must be willing to fight for them.
And by "fight", I mean contest against our oppressors armed (at least as well) as they are, and as willing (and able) to kill them as they have proven willing to kill us.
To Anonymous 12:PM and Chiu ChunLing. The rule of law still applies! It may not be how you like it, but that is what you now have and which means you need to operate smarter than those who now rule and enforce their law onto you in complete disregard for your rights, and until hostilities break out, everyone is subject to the law as it stands.
The whole system may be corrupt, but that does not mean that everyone who works for it is!
Criminal Asset forfeiture and the seizing of cash at a traffic stop are covered by separate laws. One law requires a conviction at court while the other just reasonable suspicion of criminality. You may see them as one and the same, but due process under both laws are entirely different.
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