The Battle Against Civil Asset Forfeiture

in government •  last year


You might assume that today in the United States a person would first need to be charged with a crime before they can have their property confiscated by authorities. Unfortunately though, that old idea of due process has changed quite a bit in recent years; law enforcement officials and prosecutors around the US have confiscated billions in assets from many people who have never been convicted of any wrongdoing.

People have had their cash taken away, their cars, boats, and houses, and then they've been left with the only option to take up the hefty legal cost of fighting in court to try and get their assets back. Before they get their assets back though they are going to need to prove that their property is innocent of any wrongdoing and this can be extremely difficult to prove. For many Americans who do have their property taken in this manner, they ultimately choose to let it go seeing as they can't afford to take up the battle to try and get it back.

This highly controversial practice is known as civil asset forfeiture and law enforcement agents all around the country have been engaging in this practice for years now. It's estimated that this practice has helped to reap an incredible amount of wealth for the state, more than $12 billion.

As more people have fallen victim to this seemingly unconstitutional and unjust procedure, there has been a growing fight and pressure from the public to make changes in trying to prevent the police from engaging in this activity.

Many states have passed their own rules surrounding asset forfeiture, trying to turn things back into the direction of traditional due process procedures; requiring convictions before assets are taken in this way.

Because of the seeming abuse surrounding this policy, a number of critics have suggested that the policy should be scrapped altogether. Let's get back to traditional policing methods of proper charge and conviction procedures, before we go about trying to take the property of others. However, despite the ongoing fight to try and stop the abuse, many law enforcement professionals still insist that it's a necessary policy and that includes the current Attorney General Jeff Sessions. The Supreme Court has also previously ruled that they see this policy as being in-line with the Constitution, a decision which many Constitutional experts adamantly disagree with.

The US DOJ just recently announced several weeks ago that they were going to ramp-up this process of asset forfeiture, despite the small success that has been had in recent years to try and push back against this controversial policing-for-profit type of method. But the fight isn't over just yet, many activists and legal professionals etc, remain passionately dedicated to fighting in an effort to try and curb the prevalence of asset forfeiture around the country.


One lawsuit in Arizona recently got the green light from a federal judge to go ahead and move forward. A woman there had her truck seized because of something her son allegedly did. The lawsuit there is going to be highlighting the abusive actions of law enforcement and prosecutors to seize property without paying mind to due process.

The civil asset forfeiture policy is painted as one which is intended to take away funding from drug dealers, but it has been used for a lot more than that. It has repeatedly been said that this policing tactic has enabled an incredible amount of widespread abuse to occur, fueling what has been referred to as one of the biggest threats to property rights that Americans face today.


banner thanks to @son-of-satire

Pics:
Pixabay
Clipart Panda via clipartpanda.com/categories/court-clipart-free
diysolarpanelsv.com/grab-clipart-black-and-white.html
NetRight via netrightdaily.com/2016/04/nebraska-takes-lead-in-eliminating-civil-asset-forfeiture-feds-reinstate-it/

Sources:
https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United_States
http://www.ocregister.com/2016/12/07/law-that-lets-police-seize-assets-26-billion-in-2015-raises-questions/
http://reason.com/blog/2017/03/29/the-dea-seized-4-billion-from-people-sin
https://www.theatlantic.com/politics/archive/2017/07/sessions-forfeiture-justice-department-civil/534168/
http://www.businessinsider.com/supreme-court-ruling-on-civil-forfeiture-2014-11
http://ij.org/report/policing-for-profit/
http://kjzz.org/content/522980/lawsuit-challenging-arizona-civil-asset-forfeiture-laws-proceed

Related Posts:

DOJ Looks To Ramp Up Asset Forfeiture Across The U.S.

https://steemit.com/news/@doitvoluntarily/doj-looks-to-ramp-up-asset-forfeiture-across-the-u-s

It's Past Time To Get Rid Of Asset Forfeiture

https://steemit.com/news/@doitvoluntarily/it-s-past-time-to-get-rid-of-asset-forfeiture

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Crypto is the fuuuuture !

It's one of the most evil laws on the books. And the shithead in the white house is a big fan.

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💵 💵 💵 💰 💰 💰 💵 💵 💵

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dollar-sign-symbol-23.gif

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money is important in this social system we live in. But, of course money isn´t everything. Other tools like safety, love, family, and being responsible for our lives and do the best we can as member of this huge society.

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You need money to live homie lol

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If we didnt have a broken system where government intervenes at will in almost every facet of our lives money wouldnt be as important. People could make money to support themselves more ways and Im willing to bet this would affect property value prices as well. You dont need much to live happily if your mind is in right place and values. Best answer I can give lol

Not to mention the folks in the "legalized" pot businesses that get raided and money gets confiscated even though they are working "within the law". The Government doesn't have a vested interest in stopping the flow of easy money.

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It is not legal in the US it is only legal in the states which means the state government will not enforce the federal drug laws leaving it up to the IRS DEA and FBI to go in and bust em up. We need a Constitutional Amendment to the US federal constitution to stop these legal drug busts. But so long as you are under the medical license and the FDA has approved certain CBD and THC liquids those are legal. But yeah the US needs to legalize or at least decriminalize drugs. But that would severely decrease the budgets of the DEA and Law Enforcement in general including all the Narcotics divisions and increase the governments role in addiction counseling and we all know the government doesnt give a shit about its citizens. Thats why we need to have more powerful states and states Militias so when the FBI comes into town the Sheriff and the Militia pull out their 300 Blackout AR-15's and say "check yourself at the border mofo! We ain't down with your Federal bullshit anymore! Keep your paper money and we will handle our own shit the way we want to". Thats what a Libertarian thinks anyway

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Thank you for your comment. My point was to illustrate the similarity between asset forfeiture and the gray area used by state and local authorities when they are doing dispensary or farming business inspections (safety, compliance, yada yada) in the legal states (rec or med).

The state and local governments are not enforcing or following federal laws, they are using the inspection process as a way to bully legal business into submission. I'm not generalizing all governments, just the areas I'm familiar with.

Again, thank you for participating.

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I was told that it's legal on a state level, but illegal on a federal level in the US. So the state won't raid you, but the feds might.

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I don't imbibe but a know people in the industry and yes the state, county, and local governments do this all the time using bogus seizures due to "code violations". The fence is too short. You are using the wrong kind of lock. The label is too narrow. Etc. Etc. Etc. They suspend your license or slap a bloated fine. Court costs for the appeal hearing and so on. By the time you get your situation squared away, you lost your entire crop. Essentially it's an extortion tool. Read the fine print...

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Thanks for the reply, I had never considered these situations happening. Though I must say, it doesn't surprise me, with those people, everything is possible.

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It's Official. The british parliament's USA corporation is an ongoing criminal enterprise.

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I won't say all politicians are corrupt. Just the ones that take money.

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You sir are on another level than most folks. John Adams ;)

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You are most welcome

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They need to be buying and selling using BTC-CANN crypto.
https://bittrex.com/Market/Index?MarketName=BTC-CANN
I bought 420 token a few days ago just to support the cause.

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Thank you for your comment. I'm sure folks are getting into alt-coins more these days.

I didn't think that such arbitrariness could be in US. If it is so, then it's gonna protect laws of rich people and their money

Omg! It should shock me that our government is doing this... but it doesn't. This country is becoming a scary place to live in.

The state is made up only of thieves, robbers, and murderers.

Thieves engage in thievery, this is not surprising.

The People are the ones who are allowing this to go on. None of it could happen if the People decided it to be unacceptable. The true tyrants are all around us. They have only pretended to abrogate their power to the psychopaths of the state. Their tacit approval is why tyranny still occurs, without this approval, it would be impossible.

So much for the old saying, "innocent until proven guilty". This is one of the reasons why people don't and will never trust the government. If things like this can happen to law abiding citizens then why would anyone place any faith in the government, that they are looking out for our best interest.

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agreed...even the TSA confiscates things - they once tore open a ziplock bag of miniature whisky bottles I was taking home and stole some bottles from it .. they did it purposely and blatantly because I protested having to check them at the gate .. I told them that I wanted to carry them on because I was concerned about them being stolen...this offended them and after threatening to get the police involved , I conceded to checking them....when I got home - bag was torn open and bottles missing.....another self-fulfilling prophecy. It's not like I ever trusted the TSA to begin with (what with over 400 arrests for theft)... but now I have a personally justified DISTRUST of them altogether

What will it take for Americans to realize that they live under a totally corrupt and criminal government? Are they (the government) any different than the mafia? No, they are much worse because they have deemed it legal. I left 10 years ago, and don't regret the decision one bit. As a matter of fact, posts like this only justifies my leaving even more so. But I was aware of all of this at the time, and it's even worse now. I am amazed that people are just starting to realize it. Better late than never I guess.

Civil asset forfeiture is one of the most ridiculous and corrupt institutions ever made legal in the United States. I can't imagine or understand how not a single person involved in this travesty of justice pulled themselves up short and said: "Heeeey, wait a minute ..." Nope they just kept on trucking down the insanity road. Good luck getting them to give up that overflowing teat :(

Great write up and info! When I got busted for weed years back. They found a few seeds and stems in my ash trey. (High school kid smoking that dirt weed) in court the document showed they found seeds stems buds and bags with green leafy substances in them. I wasn't even able to plead my case. BOOK 'em Danno.
Innocent until proven guilty my A$$

This just sounds crazy, whatever happened to innocent until proven guilty .... i despair at the American system sometimes

Taxes are so High its sick - with no mortgage one still will have a monthly payments of $1000 or more in Taxes in NJ and that is not a nice area too

This in itself is a great use case for crypto. If you store it properly, no one can steal or seize your crypto!

This happened to me once. I got pulled over and the cop was like "I am taking these drugs and this stack of money in the bufflebag" and I was all like "hey what about due process and innocent until proven guilty?" and then he just said "or you can go to jail too" so I said "ok take it but just leave me $20 for gas and let me take a little bit of weed for later on" and he was actually really cool about it and to this day we set up all the dealers I know and split the "civil assets" 50/50. ;)

many areas are basically bankrupt and are forcing law enforcement to pay their own wages through asset grabbing.

Governments doing what they do best.

I followed and upvoted you.
I feel not only in the US but in various regions of the country. Such as your title #gavernment, #politics.

I am also #business concerned about such an action. Hoefully in the future there is no such action, such as #news you currently.

Regard @madcool

Thank you for the information

Thanks good info

fourth amendment?

Every time i see your post, i always feel happy and happy. and I Follow u and U Follow Me

Every time i see your post, i always feel happy and happy. and I Follow u and U Follow Me

I love this! Thank you for sharing! This is why I do what I do to help entrepreneurs and cannapreneurs protect themselves, their businesses and their assets! This is totally FRAUD at its finest!!

I had to resteem. This conversation needs to be had! This and taxation is theft! theft by any name, is theft!

Thanks for the post. We have a similar system in South Africa

Kick the English bankers of the states and things will start to change - think its time again for another "Revolutionary War" to kick the Brit power hunger establishment out of the country. Luckily with independent information sharing such as yours maybe this time the war can be fought and won with clicks of ever louder keys instead of flesh penetrating lead bullets!

Wow thank you for showing me what a really good post looks like

good post bro

That's why people get in Bitcoin as many other factors!

I very interested for this paragraph after reading

Now is see... They cant blame the people why they did not trust the government people. And beside most of them is corrupt! Im not saying all but most of them.

And what happen to US government now is not new... They are already like that since.

In almost all country around the globe have in common, there government pose threat to citizens. In fact government is a legal murderer, burglar, rapist, thief robbers, etc.

Please follow back and upvote me :)

Politics is cruel, after I read the title I think this is news from Indonesia which recently discussed related to confiscation of state assets that they think have violated the rules of the country. Why new sekrang ??? Where were they before ???? Is this part of a country scenario pretending to be indifferent? I do not want to take a headache in this case. I just remember my teacher's message, "Something good will produce good, and vice versa" and "what you planted that you picked". Hopefully this all becomes a lesson for others around the world.

The debacle is immoral , and unconstitutional, as far as i can see it, and there is zero justice in the whole process.
One question ( from someone who knows nothing of bitcoin), could they confiscate/get access to your bitcoin, also?

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not if you keep your own wallet, and keep your private key secret.

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thanks, that's what I was thinking - but surely there would be legal boundary, being crossed, withholding the information, once this procedure was implemented?
( i would withhold everything personally lol )

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you could claim you lost it. can't be expected to remember something like that. if you have a paper wallet, losing it is certainly a possibility.

Problem is then, they might still know your wallet address. Theoretically, the blockchain could be forked so that wallet is emptied.

With Monero, they might not be able to find your wallet address. Now I'm thinking about zcash, though. Haha.

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I have zero assets, so they can come at me as hard as they like ! - 'blood and stone ', comes to mind lol

I never have understood how they can legally do this but it happens more than we realize.

It will be hard to snag our steem.

Join my autoblog! Interesting photos&facts!

Interesting article. It is becoming so difficult to use wealth as a store of value to always be a protection in your life. Even Fort Knox may not have been safe from the politicians and Fed Reserve as far as keeping the ownership of gold belonging to the united states.

Thx for your post. I have been keenly aware of this ominous trend for years and as the empire continues to wane and decay, crazy things will continue to happen.

More people need to be aware of this. Upvoted

Thank you for the news or information we hope to be able to do business together and achieve success .. hopefully we can be well-secured by sharing good news2

govt politics are really cruel and yeah you are right " fueling what has been referred to as one of the biggest threats to property rights that Americans face today. "

My hometown got sued for it and now the FBI is investigating other corrupt practices. There was a big scandal over it and the fall out is still going on. I no longer live in my hometown, but I follow what is going on because we partial own a property there and a lot of our family live there including my oldest daughter and my grandkids.

this is exactly why we need to DRAIN THE SWAMP

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or embrace self ownership :)

My dad's side comes from a long line of Oklahoman / John Birch-type folks, so as you can imagine, we have been talking about this very topic recently.

It seems like most seizure occurs from your vehicle after getting pulled over on the road. Know and exercise your rights. Always politely refuse to let an officer search your vehicle without a warrant, and keep valuables hidden.

"What Rights Do You Have When Pulled Over"
http://www.businessinsider.com/what-rights-do-you-have-when-pulled-over-2013-11

Followed!

I really enjoyed your post, thank you for sharing with us. Enjoy the vote!

The scurge of gov will only continue to sour.

Time to transcend the state.

Or enjoy having more and more abuse shoveled our way by psychopathic control freaks.


I've written a post on the late, great Chuck Berry's music. It's pretty musical. :)

I'd never heard of civil asset forfeiture until recently. It seems crazy that such a thing exists (without extremely strong limitations at least).

This is bad, luckily here in South Africa, a court process must be followed, before they can confiscate your possessions.

i like post :) please see my steemit @isfar

Oh my God..

Wow thanks for posting on steemit
upvoted and followed you if you like cuteaniamals please follow me

Good job! Thank you for sharing this with us @doitvoluntarily

This a much needed convo in the US. CAF is used a lot in the south as a way of sheriffs dept self funding for things they want outside of budget. Not surprising it is being ramped up by the new Admin, along with mass incarceration and private prisons.

Still think your country is still FREE! Its a sad state good old America is in.. :/

so much to the system.... nothing elese i say

Seems almost incomprehensible in todays day and age especially in the US, however I have seen evidence of seizures without just cause it boggles the mind. How far the Constitution has slid since 9/11 in an embarrassment for the US! This knowledge I assume makes many people very leery of visiting the US .

just last week them goddam crooks at the USPostalSerivce aka los federales seized a copy of Candyland the board game I sent to my "niece" in Oregon ....I mean it did have $14,000 dollars in it cash but goddam whatever happend to INNOCENT UNTIL PROVEN GUILTY am I right?

ps. give a brotha a upvote, we dead broke out here now

This is just absurd. The states seem such a crazy place to live. Feeling very lucky all of a sudden that we grew up in Europe and are living in Cambodia right now.

"Those that would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." -- Benjamin Franklin

CAF has always bothered me as it seems such a blatant violation of the Constitution that the biggest dolt of a lawyer should be able to evocatively and unequivocally argue the blatant disregard for the Constitution that this practice adheres to.

Remember when Nixon took america off the gold standard and then holding gold was penalised with a ten year prison sentence. I wonder if they will introduce something like this for cryptocurrency. hmm?

Would you be ok with me linking this article in my next blogpost? I feel like it holds much value with what I'm writing. Thanks for sharing.

pura paja , es un robo hermano

Congratulations @doitvoluntarily!
Your post was mentioned in the hit parade in the following categories:

  • Upvotes - Ranked 10 with 432 upvotes
  • Pending payout - Ranked 6 with $ 283,56

Life is important

That's a lot of money in a corrupted market approved by the US gov.

Nice peace of info. kindly upvote me and follow me. thanks @doitvoluntarily

Has anyone demanded an explanation from their congressman or senator?

Hi/Hej, life in US is not great in all aspects.

I am new to Steemit. I just started using it. I need to learn a lot from you. I am following your account, can you please follow me as weel?

Cheers...

good post i like it

Well I do not live in the States but I think it happens all over the world to some degree.

Really informative post. Appriciate it

money is everything do you agree ??

I have read several articles over the years raising awareness of civil asset forfeiture. The police use this tactic under the guise that they suspect drug activity. Especially if they pull over a vehicle and they find large amounts of cash. In this scenario, they can seize the money and the vehicle even if there is no evidence of actual illegal narcotics being present in the vehicle. The driver could be simply transporting cash because they have a business that mainly deals cash transactions such as vendors. In many ways civil asset forfeiture flies in the face of what it means to live free in America.

Great post. Vice has done a couple good pieces on this. Its really fucked up the government can do this stuff...

crypto will change the way we look at money

Hope and peace.

Follow me, i will do the same

If your information is correct then so many people face a big crisis.

fffff.gif

It is guilty until proven innocent & no one cares if u lose your children,home,possessions job
And it will continue if it happens to the rich or a celebrity it doesnt matter they can replace what was taken or pay their way out ,but for the regular citizen thats a no , they suffer as well as family very sad.People in power abuse that power just to show they can .No one person is better than another.All humans were created equal that too has been lost along the way...
And it is getting worse not better.Sad

Nice post

BEst crypto

I'he resteem

It is USA ... the land of dreams. You not see this then in Films go and look. This is very Cool.
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but there is little text on the back of the pack
( And please do not ask questions there, it is punishable by the death penalty or lifetime forced labor work in prison. )

Excellent post as always, you are a big, I am your follower. A big greeting from @ joserc.vzla

This is why I talk about Crypto daily now.
These greedy scum of the earth just want more and more of your money.

Crypto is exploding with new developments each day. I do daily videos that talk about this topic. Ripple (XRP) is making moves to transform the financial market as we know for example. They're having a huge conference on Oct. 16-18

https://www.youtube.com/channel/UCGa5vw66H9ExptkNa77nAYQ

Makes me sick to see the government stealing from the people like we are just crops to harvest

Sessions needs to focus on other topics. Or Sessions needs to go.

Those are the only two valid choices

My eyes have been opened! I had no idea this could happen!
The illusion freedom and democracy is but a dream.

Huge issue + nice post. Thanks