if I'm understanding ruling .. cops can only hold someone for long as reason they were originally stopped for.
Holder limits seized-asset sharing process that split billions w/ local, state police
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if I'm understanding ruling .. cops can only hold someone for long as reason they were originally stopped for.
Wait until John Q. Says " are you finished " he will have the crap served and protected out of him.
So according to this statement by the court, I could walk into a bank, declare all the cash in the vault to be drug money and seize it?
The law in this case is entirely dependent on WHO has the money. If you don't believe me, try stopping luxury automobiles exiting Wall St. in NYC at the end of the workday and seizing their cash, then see how long this ruling would stand up.
There are different rules for the haves and have not's in America.
That's always been the case absent "reasonable articulated suspicion". In the case referenced the officer did not have RAS but decided to detain the driver. The courts have always said you can detain with RAS, this idiot decided to detain without it and the courts slammed him for it.
Nothing changed except the courts said don't do this. You can and will be detained if the officer has RAS.
People keep rejoicing like this some major victory for freedom, but it's simply the courts clarifying what should have already been clear. And to most LEO'S it was.
Nothing screams poor craftsmanship like wrinkles in your duct tape
What it really means is that if the cop wants to hold you, he'll have to invent RAS before the case goes to court--probably the ubiquitous and non-falsifiable "I detect the odor of alcohol (or marijuana)," and that as long as you don't have a video to prove otherwise, he'll be accepted at face value.
How the DEA took a young man’s life savings without ever charging him with a crime
The DEA Asset Forfeiture Program's unofficial logo: "You make it, we'll take it."
Joseph Rivers was hoping to hit it big. According to the Albuquerque Journal, the aspiring businessman from just outside of Detroit had pulled together $16,000 in seed money to fulfill a lifetime dream of starting a music video company. Last month, Rivers took the first step in that voyage, saying goodbye to the family and friends who had supported him at home and boarding an Amtrak train headed for Los Angeles.
He never made it. From the Albuquerque Journal:
A DEA agent boarded the train at the Albuquerque Amtrak station and began asking various passengers, including Rivers, where they were going and why. When Rivers replied that he was headed to LA to make a music video, the agent asked to search his bags. Rivers complied. ~
There is no presumption of innocence under civil asset forfeiture laws. Rather, law enforcement officers only need to have a suspicion -- in practice, often a vague one -- that a person is involved with illegal activity in order to seize their property. On the highway, for instance, police may cite things like tinted windows, air fresheners or trash in the car, according to a Washington Post investigation last year.
Once property has been seized, the burden of proof falls on the defendant to get it back -- even if the cops ultimately never charge them with a crime. "We don’t have to prove that the person is guilty," an Albuquerque DEA agent told the Journal. "It’s that the money is presumed to be guilty."
http://www.washingtonpost.com/blogs...thout-ever-charging-him-of-a-crime/?tid=sm_tw
The DEA Asset Forfeiture Program's unofficial logo: "You make it, we'll take it."
Joseph Rivers was hoping to hit it big. According to the Albuquerque Journal, the aspiring businessman from just outside of Detroit had pulled together $16,000 in seed money to fulfill a lifetime dream of starting a music video company. Last month, Rivers took the first step in that voyage, saying goodbye to the family and friends who had supported him at home and boarding an Amtrak train headed for Los Angeles.
He never made it. From the Albuquerque Journal:
A DEA agent boarded the train at the Albuquerque Amtrak station and began asking various passengers, including Rivers, where they were going and why. When Rivers replied that he was headed to LA to make a music video, the agent asked to search his bags. Rivers complied. ~
There is no presumption of innocence under civil asset forfeiture laws. Rather, law enforcement officers only need to have a suspicion -- in practice, often a vague one -- that a person is involved with illegal activity in order to seize their property. On the highway, for instance, police may cite things like tinted windows, air fresheners or trash in the car, according to a Washington Post investigation last year.
Once property has been seized, the burden of proof falls on the defendant to get it back -- even if the cops ultimately never charge them with a crime. "We don’t have to prove that the person is guilty," an Albuquerque DEA agent told the Journal. "It’s that the money is presumed to be guilty."
http://www.washingtonpost.com/blogs...thout-ever-charging-him-of-a-crime/?tid=sm_tw
Oklahoma Watch: Law enforcement seizures misspent, missing
Sunday, July 19, 2015
Funds and property seized by Oklahoma law enforcement agencies have gone missing or have been used for personal or other improper purposes, state audit records reveal.
Among the violations were using seized money to pay on a prosecutors student loans and allowing a prosecutor to live rent-free in a confiscated house for years, records show.
The cases were cited in a state commission hearing Tuesday in which authorities objected to new legislation aimed at curbing abuses of civil asset forfeiture by state and local law enforcement agencies. The bill, sponsored by Sen. Kyle Loveless, R-Oklahoma City, has spurred heated opposition from district attorneys and sheriffs.
Forfeiture involves law enforcement agencies seizing private property and money believed to have been used in drug trafficking or other crimes. After the assets are forfeited in court, authorities can keep the money or property even when the suspect is never convicted or charged.
The more I learn about it, the more upset and outraged I get that weve allowed this process to get to where its at, Loveless said in an interview. Your property is considered guilty until proven innocent. It is up to the individual to petition the government after theyve seized it to prove that it is innocent. To me, that, on its face, is un-American.
http://www.tulsaworld.com/homepagel...cle_a1620c4e-55d1-586d-88d4-1b6ea74232c0.html
Sunday, July 19, 2015
Funds and property seized by Oklahoma law enforcement agencies have gone missing or have been used for personal or other improper purposes, state audit records reveal.
Among the violations were using seized money to pay on a prosecutors student loans and allowing a prosecutor to live rent-free in a confiscated house for years, records show.
The cases were cited in a state commission hearing Tuesday in which authorities objected to new legislation aimed at curbing abuses of civil asset forfeiture by state and local law enforcement agencies. The bill, sponsored by Sen. Kyle Loveless, R-Oklahoma City, has spurred heated opposition from district attorneys and sheriffs.
Forfeiture involves law enforcement agencies seizing private property and money believed to have been used in drug trafficking or other crimes. After the assets are forfeited in court, authorities can keep the money or property even when the suspect is never convicted or charged.
The more I learn about it, the more upset and outraged I get that weve allowed this process to get to where its at, Loveless said in an interview. Your property is considered guilty until proven innocent. It is up to the individual to petition the government after theyve seized it to prove that it is innocent. To me, that, on its face, is un-American.
http://www.tulsaworld.com/homepagel...cle_a1620c4e-55d1-586d-88d4-1b6ea74232c0.html
http://www.okcfox.com/story/29610337/questions-surround-property-seizure-program
Questions surround property seizure program
Posted: Jul 22, 2015 4:39 PM CDT Updated: Jul 22, 2015 4:39 PM CDT
By: Phil Cross, Investigative Reporter
Questions surround property seizure program
Posted: Jul 22, 2015 4:39 PM CDT Updated: Jul 22, 2015 4:39 PM CDT
By: Phil Cross, Investigative Reporter
Oklahoma makes the national news again ...
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Oklahoma Takes A Hard Look At What Police Seize - And How It's Spent: State audits have found people in district attorney offices have used seized money and property to live rent-free and pay off student loans (npr.org)
http://www.npr.org/2015/07/26/42649...d-look-at-what-police-seize-and-how-its-spent
======
Oklahoma Takes A Hard Look At What Police Seize - And How It's Spent: State audits have found people in district attorney offices have used seized money and property to live rent-free and pay off student loans (npr.org)
http://www.npr.org/2015/07/26/42649...d-look-at-what-police-seize-and-how-its-spent
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