From fail blog: Tulsa Police acquisition win?

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RETOKSQUID

Sharpshooter
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I guess property rights don't mean much anymore.....


Still has to go through a Due Process. The DA has to file the proper paperwork through the courts and the defendant/property owner has the ability to appeal/challenge the seizure of property. Many have been over turned and property has been returned, and many have been upheld by the higher courts.
 

forindooruseonly

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Due process or not, it's still the government seizing the property of an individual. To make matters worse, it seems as if the burden of proof isn't on the government, requiring them to document and then prove in court beyond a doubt that drug money bought the property, but that the burden is on the individual to prove to the court's satisfaction that drug money wasn't involved. And until they do, it's still seized.

I don't know the process, I'll have to look into it more to know exactly how such seizures work - but on the surface I think it sets several bad precedents that are better avoided.
 

4play

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Due process or not, it's still the government seizing the property of an individual. To make matters worse, it seems as if the burden of proof isn't on the government, requiring them to document and then prove in court beyond a doubt that drug money bought the property, but that the burden is on the individual to prove to the court's satisfaction that drug money wasn't involved. And until they do, it's still seized.

I don't know the process, I'll have to look into it more to know exactly how such seizures work - but on the surface I think it sets several bad precedents that are better avoided.

So should the druggies get their drugs back? Maybe get their guns back too etc... I really dont consider it a "seizure" but more like a "forfeiture". This subject can teeter either way depending on circumstances. The bottom line is this: Committing drug crimes = possible property forfeiture.
 

vvvvvvv

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4play said:
So should the druggies get their drugs back? Maybe get their guns back too etc... I really dont consider it a "seizure" but more like a "forfeiture". This subject can teeter either way depending on circumstances. The bottom line is this: Committing drug crimes = possible property forfeiture.

That stuff is seized prior to conviction. The defendant must prove that the assets were not related to the crime. Even then, its not uncommon to get property back that has an extra 10,000 miles on it or is possibly damaged.
 

1shot(bob)

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That stuff is seized prior to conviction. The defendant must prove that the assets were not related to the crime. Even then, its not uncommon to get property back that has an extra 10,000 miles on it or is possibly damaged.

And therein lies the problem! When the department stands to personally from the 'forfeiture' it becomes a problem. It's a problem that should scare the hell out of everyone.
 

vvvvvvv

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And therein lies the problem! When the department stands to personally from the 'forfeiture' it becomes a problem. It's a problem that should scare the hell out of everyone.

Also, if a police department recovers your stolen vehicle and asks you about a high dollar item that was in it, don't deny it until you're positive they aren't giving you the wrong description. I know from experience. I lost a $600 handheld audio analyzer because I denied claim to a "handheld GPS device" on the phone. And that was at a time where $600 was more than my monthly income...
 

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