welcome to the fest
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Civil Forfeiture, or "Read a New Yorker article and get
Goto page 1, 2  Next
 
Post new topic   Reply to topic    Sinfest Forum Index -> General Discussion
View previous topic :: View next topic  
Author Message
Sam



Joined: 09 Jul 2006
Posts: 9583

PostPosted: Wed Aug 21, 2013 10:07 am    Post subject: Civil Forfeiture, or "Read a New Yorker article and get Reply with quote

http://www.newyorker.com/reporting/2013/08/12/130812fa_fact_stillman

No, seriously. No TL;DR here. You may not know it yet (because the internet has given us all ADD) but you actually really do want to read this entire article. Pressure yourself to do so. The creeping hate will come. It will remind you that you are alive.

I actually read it in its quaint original tree pulp and pigment medium. It's worth sharing.
Back to top
View user's profile Send private message
Yinello



Joined: 10 May 2012
Posts: 2840
Location: Behind you

PostPosted: Wed Aug 21, 2013 10:24 am    Post subject: Reply with quote

Jesus Christ. And they even took 1 kid away. I bet they try not to target famous or rich people so that they can get away with this shit.
_________________
Help. Help, my eyes are stuck from rolling so hard. Help.
Back to top
View user's profile Send private message
Monkey Mcdermott



Joined: 10 Jul 2006
Posts: 3333

PostPosted: Wed Aug 21, 2013 2:59 pm    Post subject: Reply with quote

Fucking Texas...
_________________
Back to top
View user's profile Send private message
Istancow



Joined: 30 Jan 2013
Posts: 1103
Location: Hel

PostPosted: Wed Aug 21, 2013 3:58 pm    Post subject: Reply with quote

I feel dirty for just reading that.

Some police people make me sad :(
_________________
Greetings, fool mortals.
Back to top
View user's profile Send private message
mouse



Joined: 10 Jul 2006
Posts: 17397
Location: under the bed

PostPosted: Wed Aug 21, 2013 10:11 pm    Post subject: Reply with quote

fuck.

this is completely insane.
_________________
aka: neverscared!
Back to top
View user's profile Send private message
ShadowCell



Joined: 03 Aug 2008
Posts: 6109
Location: California

PostPosted: Wed Aug 21, 2013 10:29 pm    Post subject: Reply with quote

remember, the cops are your friends and they're here to protect and serve you!
Back to top
View user's profile Send private message
fritterdonut



Joined: 24 Jul 2012
Posts: 1194
Location: Hedonism

PostPosted: Wed Aug 21, 2013 10:52 pm    Post subject: Reply with quote

The New Yorker wrote:
In general, you needn’t be found guilty to have your assets claimed by law enforcement; in some states, suspicion on a par with “probable cause” is sufficient. Nor must you be charged with a crime, or even be accused of one. Unlike criminal forfeiture, which requires that a person be convicted of an offense before his or her property is confiscated, civil forfeiture amounts to a lawsuit filed directly against a possession, regardless of its owner’s guilt or innocence.


That. Is. So. Fucked.
_________________
To get things done, you must love the doing, not the secondary consequences. The work, not the people. Your own action, not any possible object of your charity.
-Howard Roark, The Fountainhead
Back to top
View user's profile Send private message
mouse



Joined: 10 Jul 2006
Posts: 17397
Location: under the bed

PostPosted: Wed Aug 21, 2013 11:58 pm    Post subject: Reply with quote

and then you add on that a lot of states don't limit or even monitor what the money they get is used for....and you get the officials charged with maintaining law and order conducting business in a way that would do Blackbeard proud.
_________________
aka: neverscared!
Back to top
View user's profile Send private message
Mindslicer



Joined: 04 Sep 2006
Posts: 1889
Location: North of the People's Republic of Massachusetts

PostPosted: Thu Aug 22, 2013 1:21 am    Post subject: Reply with quote

Monkey Mcdermott wrote:
Fucking Texas...


Not just Texas.

Massachusetts

Tennessee

Pennsylvania

If the police don't have reasonable suspicion to perform a search of your person, vehicle, or home, politely withhold consent.
Back to top
View user's profile Send private message
Dogen



Joined: 10 Jul 2006
Posts: 10886
Location: Bellingham, WA

PostPosted: Thu Aug 22, 2013 3:22 am    Post subject: Reply with quote

"I smell marijuana." <-- probable cause exists anywhere it's needed, at least according to that story.

But, really, how does your state rank? (scroll down to "download by state," which doesn't download anything) My former state got a D, but my new state gets a C!
_________________
"Worse comes to worst, my people come first, but my tribe lives on every country on earth. I’ll do anything to protect them from hurt, the human race is what I serve." - Baba Brinkman
Back to top
View user's profile Send private message
Sam



Joined: 09 Jul 2006
Posts: 9583

PostPosted: Thu Aug 22, 2013 5:43 am    Post subject: Reply with quote

Earlier this summer, in Philadelphia, I joined Louis Rulli and Susanna Greenberg in the high-ceilinged corridor outside Courtroom 478 of City Hall, as they prepared to make their case for the Adamses’ home. Gradually, respondents filed in, almost all without lawyers: a mother fighting for her property, with two young girls playing hushed clapping games beside her; a teen-age boy trying to recover the cash taken from his car. When the assistant D.A. assigned to the Adams case arrived in court, he discovered he had the wrong set of folders; he’d confused their home with another one being forfeited on the same street.
...

Quote:
Why did Washington think he was entitled to seize the Agostini family’s cash?“It’s no more theirs than a man on the moon,” Washington said. “It belongs to an organization of people that are narcotics traffickers.”
“Do you have any evidence, any rational basis to tell us that this money belonged to an organization of narcotics traffickers?” Garrigan asked. “Or is that more speculation?”
“I don’t have any evidence today,” Washington said.
...


Quote:
“Did you find any drugs?” Garrigan asked.
“No.”
“Is there any evidence that they were buying drugs, instead of looking at restaurants in Houston?”
“No, not yet.”
“Do you, for some reason, think people driving up and down 59 owe you an explanation for why they might have money?”
“Sure they do.”
Back to top
View user's profile Send private message
WheelsOfConfusion



Joined: 09 Jul 2006
Posts: 12305
Location: Unknown Kaddath

PostPosted: Thu Aug 22, 2013 5:50 am    Post subject: Reply with quote

Dogen wrote:
But, really, how does your state rank? (scroll down to "download by state," which doesn't download anything) My former state got a D, but my new state gets a C!


Quote:
Forfeiture Law Grade: F
State Law Evasion Grade: B
Final Grade: D+

South Carolina has dreadful civil forfeiture laws. The government can forfeit property by demonstrating mere probable cause that the property is related to a crime and subject to forfeiture. This is the lowest standard, the same one required for a search warrant, and far lower than the beyond a reasonable doubt standard required for a criminal conviction. South Carolina law also considers property owners to be guilty until proven innocent, placing the burden on owners to prove they had no connection to an underlying crime to get their property back. And law enforcement keeps 95 percent of the proceeds—75 percent goes directly to the law enforcement agency and 20 percent to prosecutors. The remaining five percent goes to the state’s general fund. Law enforcement and prosecutors are required to use the money to fight drug offenses. Moreover, there is no requirement that the state collect data on forfeitures, so citizens do not know how the state’s powerful civil forfeitures laws are being used.
Back to top
View user's profile Send private message Visit poster's website
Yinello



Joined: 10 May 2012
Posts: 2840
Location: Behind you

PostPosted: Thu Aug 22, 2013 9:14 am    Post subject: Reply with quote

Lol my fiancée: WE ARE NEVER MOVING TO THE US
_________________
Help. Help, my eyes are stuck from rolling so hard. Help.
Back to top
View user's profile Send private message
Darqcyde



Joined: 11 Jul 2006
Posts: 10622
Location: A false vacuum abiding in ignorance.

PostPosted: Thu Aug 22, 2013 11:10 am    Post subject: Reply with quote

This is right up there with giving municipalities the right to invoke eminent domain.
_________________
...if a single leaf holds the eye, it will be as if the remaining leaves were not there.
http://about.me/omardrake
Back to top
View user's profile Send private message Send e-mail Visit poster's website AIM Address Yahoo Messenger
anti-prophet



Joined: 19 Feb 2012
Posts: 73

PostPosted: Thu Aug 22, 2013 5:07 pm    Post subject: Reply with quote

this kind of stuff has been going on for awhile, as long as i can remember anyways. It all boils down to the fact that no one is going to stand up against it as long as the costs outweigh the benefits. As noted above they will try to target people they view as unable to afford to fight it.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Sinfest Forum Index -> General Discussion All times are GMT
Goto page 1, 2  Next
Page 1 of 2

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


Powered by phpBB © 2001, 2005 phpBB Group