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Messages 1 - 15 of total 15 in this topic |
Gary
Social climber
Desolation Basin, Calif.
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Oct 19, 2016 - 05:52pm PT
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https://www.washingtonpost.com/news/wonk/wp/2015/05/11/how-the-dea-took-a-young-mans-life-savings-without-ever-charging-him-of-a-crime/
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.
The agent found Rivers's cash, still in a bank envelope. He explained why he had it: He was starting a business in California, and he'd had trouble in the past withdrawing large sums of money from out-of-state banks.
The agents didn't believe him, according to the article. They said they thought the money was involved in some sort of drug activity. Rivers let them call his mother back home to corroborate the story. They didn't believe her, either.
The agents found nothing in Rivers's belongings that indicated that he was involved with the drug trade: no drugs, no guns. They didn't arrest him or charge him with a crime. But they took his cash anyway, every last cent, under the authority of the Justice Department's civil asset forfeiture program.
Which just proves, once again, don't talk to police.
[Click to View YouTube Video]
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Chaz
Trad climber
greater Boss Angeles area
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Oct 19, 2016 - 06:35pm PT
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My Lawyer tells me it's OK to talk to the cops - as long as you limit what you say to "I'm innocent", "you're crazy", and "am I free to leave now?"
And when the cop asks me "are you a lawyer?", I like to ask the cop "are you?".
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Gary
Social climber
Desolation Basin, Calif.
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Oct 19, 2016 - 07:14pm PT
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Never talk to the police. It's even worse now than when that first video was made.
[Click to View YouTube Video]
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Hawkeye
climber
State of Mine
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Oct 19, 2016 - 07:17pm PT
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this sh#t is a true travesty to our country.
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Gary
Social climber
Desolation Basin, Calif.
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Oct 19, 2016 - 07:48pm PT
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Fortunately, things are a bit better in the People's Republic of California.
http://www.forbes.com/sites/instituteforjustice/2016/09/29/california-governor-signs-new-criminal-conviction-requirement-for-civil-forfeiture/#7cfa85b24259
Today, Gov. Jerry Brown signed SB 443, one of the most important reforms for civil forfeiture in recent years. Under civil forfeiture, police can seize and keep property without a criminal conviction, or even filing criminal charges. The new law is aimed at closing a loophole that allowed law enforcement to evade state protections.
When compared to most other states, California’s forfeiture laws provide relatively better protections to property owners. California state law has long required a criminal conviction before real estate, vehicles, boats and cash under $25,000 could be forfeited to the government. To forfeit cash above the $25,000 threshold, the government must establish clear and convincing evidence. Furthermore, when an innocent person with an interest in the property seeks to protect that interest, the burden is on the government to show that the owner knew about the property’s illegal use.
Institute For Justice
We are the national law firm for liberty.
Opinions expressed by Forbes Contributors are their own.
Nick Sibilla
Nick Sibilla, Contributor
Today, Gov. Jerry Brown signed SB 443, one of the most important reforms for civil forfeiture in recent years. Under civil forfeiture, police can seize and keep property without a criminal conviction, or even filing criminal charges. The new law is aimed at closing a loophole that allowed law enforcement to evade state protections.
When compared to most other states, California’s forfeiture laws provide relatively better protections to property owners. California state law has long required a criminal conviction before real estate, vehicles, boats and cash under $25,000 could be forfeited to the government. To forfeit cash above the $25,000 threshold, the government must establish clear and convincing evidence. Furthermore, when an innocent person with an interest in the property seeks to protect that interest, the burden is on the government to show that the owner knew about the property’s illegal use.
But those requirements are lacking under federal law. Through a federal forfeiture program called “equitable sharing,” state and local law enforcement agencies may collaborate with a federal agency, like the DEA or ICE, and forfeit seized property under federal law, even if that would circumvent California’s more stringent protections for property owners. Moreover, if a property is forfeited federally, participating agencies may receive up to 80 percent of the proceeds—higher than what California law grants to law enforcement.
But starting next year, agencies will first need to obtain any criminal conviction before they could receive equitable-sharing payments from forfeited real estate, vehicles, boats and cash valued at under $40,000. In addition, SB 443 increases the threshold for forfeiting cash with a criminal conviction under state law to $40,000.
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Reilly
Mountain climber
The Other Monrovia- CA
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Oct 19, 2016 - 08:33pm PT
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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.
That's one dumb cracker there.
I would have liked to see that dumb phuk DEA stooge ask my homie on the train
in Switzerland to look in his bags...
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couchmaster
climber
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Oct 19, 2016 - 09:10pm PT
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It beggars belief and defies the very laws and fundamental moral bedrock of the country. Sorry, I'm off to shed a tear about it and have no more to say.
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Gary
Social climber
Desolation Basin, Calif.
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Oct 20, 2016 - 05:55am PT
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That's one dumb cracker there.
No, as Prof. Duane points out innocent people are prone to cooperating with the police. Which is why innocent people get jailed, or worse, sent to death row. Or in this fellow's case, robbed at gun point by the cops.
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Srbphoto
climber
Kennewick wa
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Oct 20, 2016 - 06:31am PT
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My Lawyer tells me it's OK to talk to the cops - as long as you limit what you say to "I'm innocent", "you're crazy", and "am I free to leave now?"
And when the cop asks me "are you a lawyer?", I like to ask the cop "are you?".
How often are you in that position Chaz?
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Reilly
Mountain climber
The Other Monrovia- CA
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Oct 20, 2016 - 07:05am PT
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people are prone to cooperating with the police.
Maybe people who don't read. And cooperating is a far cry from consenting to an
unwarranted and illegal search.
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fear
Ice climber
hartford, ct
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Oct 20, 2016 - 07:08am PT
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With Hilliary's new tax plan
everyone' bank account will be subject to civil forfeiture.
All power flows from the muzzle of a rifle. That's why the feds and state can rob you 'legally' as they wield the largest means of violence. And most people are so used to it, it's become a moral imperative to 'pay one's taxes'.
This insidious corruption leaks down and infects the agents of the state as well. Civil Forfeiture is nothing new. It's simply a different form of robbery through the implied(or direct) threat of violence.
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chainsaw
Trad climber
CA
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Oct 20, 2016 - 02:07pm PT
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Two years ago in Trinity County, the fire in Hyampom forced residents to flee under mandatory evacuation orders from USFS. Their homes in danger of burning, people emptied their safes and drove off with their cash and valuables. The USFS designated a specific "evacuation route." The DEA and other feds staked out the route with a checkpoint at which they conducted unwarranted pretext searches of every vehicle. Alot of people had their money and valuables seized. Interestingly, when these people attempted to recover their seized money and property, the Justice dept had no record of the seizures. The money had just disappeared. This was happening at the same time that USFS was ignoring a huge fire in the Trinity Pines area. They allowed the fire to burn through the neighborhod. They also discouraged relief efforts from entering the area. The unofficial word was that they wanted the growers to get burned out. One of the first homes destroyed was that of Post Mountain Volunteer Firefighters captain who lived in the Pines. His house was a total loss. The fire was extinguished by local volunteers with the help of many Hmong residents who were the apparent target of the malfeasant actions of USFS and Federal authorities. Jack booted thugs on a mission to ruin peoples lives and prey upon people whos homes were burning down. Growers apparently create more jobs and wealth in Trinity than all other economic activities combined. And the Feds hate them for it!
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