Civil Forfeiture

GRR Spartan wrote:More desire for judical activism from a convienient conservative.

"judical activism" is like "liberal media"... it really isn't a thing. Just gives fat drug addled rush something to blather about.

...And if it is a thing, the #1 abuser of it's use is the NRA.

https://splinternews.com/documents-ice-cbp-seize-billions-in-assets-including-1831181924

AvgMSUJoe wrote:

GRR Spartan wrote:More desire for judical activism from a convienient conservative.

"judical activism" is like "liberal media"... it really isn't a thing. Just gives fat drug addled rush something to blather about.

...And if it is a thing, the #1 abuser of it's use is the NRA.

I don't know. What that Judge in Texas did sure seemed like legislating from the bench.

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Floyd Robertson wrote:[tw]1096051201026805760[/tw]

Conviction rates about to shoot up to 100 percent.

So basically the State will turn into Alonzo from Training day when they want to "tax" one of their accounts.....

https://reason.com/blog/2019/02/20/supreme-court-delivers-unanimous-victory

Good news

Dr. Strangelove wrote:https://reason.com/blog/2019/02/20/supreme-court-delivers-unanimous-victory

Good news

I mostly agree. Cops and courts are out of control.

Didn't read but

CAF is out of control.

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Macomb county prosecutor Eric Smiths arrest will hopefully bring reform to Forfeiture laws. New Mexico set the gold standard. Smith use some of 1.8 million for his house for gifts for country club.

DWags wrote:Macomb county prosecutor Eric Smiths arrest will hopefully bring reform to Forfeiture laws. New Mexico set the gold standard. Smith use some of 1.8 million for his house for gifts for country club.

I'm really disappointed in him. He's the last guy in Macomb county I would have suspected of committing fraud, misappropriation, embezzling, whatever.

ps. I couldn't read that. Websites making you pay or create an account to read their opinion pieces are d u m b.

Floyd Robertson wrote:

ps. I couldn't read that. Websites making you pay or create an account to read their opinion pieces are d u m b.

Public trust might be running low in Michigan following criminal charges against Macomb County Prosecutor Eric Smith, who resigned March 30 amid a criminal investigation. New Mexico residents know the feeling of betrayal, but they have good news.

The Land of Enchantment endured a similar scandal in 2014 and came out stronger after the backlash triggered meaningful reform. Now Michigan has its own chance to step up.

Problems in both states started with civil forfeiture, a government moneymaking scheme that invites and even encourages abuse. Unlike criminal forfeiture, which punishes people for wrongdoing after conviction, civil forfeiture flips the script and prosecutes inanimate objects.

Cars, jewelry and especially cash make popular targets. Owners can simply walk away if they want because they’re not on trial. Many people do, even when they’re innocent of any crime, because they cannot afford civil litigation—especially when attorney costs outweigh the value of their seized assets.

Police and prosecutors count on this. The result for agencies across Michigan is millions of dollars in revenue every year with little oversight.

Michigan Attorney General Dana Nessel alleges that Smith used his cut like a personal slush fund, paying for country club parties, campaign expenses, gifts for women colleagues, a private security system at his home and other perks dating to 2012.

New Mexico prosecutors enjoyed their own perks before getting caught on camera bragging about the system. A video uncovered by the Institute for Justice, a nonprofit law firm that fights civil forfeiture nationwide, shows the level of cynicism at a vehicle forfeiture conference recorded in 2014.

“What’s theirs is yours,” former Las Cruces City Attorney Pete Connelly told his colleagues. “If in doubt … take it.”

He warned prosecutors about feeling squeamish when confiscating property from low-income families under the guise of public safety—when the real motive is profit. “If you make money on motor vehicle seizures, it’s OK,” Connelly told his audience. “Don’t feel bad.”

The callous tone sparked public outrage, and New Mexico lawmakers responded. Their sweeping reforms abolished civil forfeiture altogether. To forfeit property now, New Mexico prosecutors must first convict the owner of a crime—in criminal court—and then show by clear and convincing evidence, in the same courtroom, the property’s connection to the crime.

Even further, New Mexico scrapped the profit incentive for local agencies. Forfeiture revenue goes to a neutral fund, not back to police chiefs and prosecutors to use at their discretion.

This gold standard for forfeiture reform overshadows all of Michigan’s timid approaches. Most recently in 2019, Michigan passed civil forfeiture reforms that sound good on the surface but create loopholes in the fine print.

The law requires a criminal conviction before moving forward with civil forfeiture, but exemptions mean the requirements do not apply when owners cannot afford a lawyer or find one before a 20-day claim window shuts in civil court. These exemptions highlight the problem of Michigan keeping the prosecution and litigation in two different judicial systems. They neuter the law’s protections of innocent owners.

Michigan’s forfeiture expenditure reporting laws are also weak. Law enforcement must only show, in percentages, how forfeiture revenue is spent annually in broad categories that don’t give the public a sense of the scale or potential abuses.

If Michigan directed forfeiture revenue to neutral non-law enforcement funds and adopted the rest of New Mexico’s model, the public would not need to worry about things like flowers and makeup kits going to a prosecutor’s favorite secretaries.

At the same time, property owners would not need to worry about their cars getting ransomed into the forfeiture system—like the Wayne County program that IJ is challenging in court.

Owners finally could enjoy their due process protections like the framers of the Constitution intended. What’s theirs would be theirs until a jury says otherwise.

Thanks, DWags. I still thought he'd be above temptation, not feel above the law. Not that I know him or anything, just a stupid feeling.

Floyd Robertson wrote:Thanks, DWags. I still thought he'd be above temptation, not feel above the law. Not that I know him or anything, just a stupid feeling.

My dad told me to have two secretaries collect gate receipts at all games. Send them to my office count the money in front of each other sign it and put it in my safe that night. I laughed and said said sure but are you thinking I would take some. He just said it’s way too easy to grab 100 bucks after a Friday night and take my coaches out.

He was probably right. I have no doubt a future business partner who was king of athletics at his school and controlled everything did that. His brother is still on city council. He passed away from cancer about ten years ago. We’re all weak of spirit and can start convincing ourselves that 50 here or there is no big deal. But do that for 15 years and what has it added up to that you’re ripping off a community.

From my experience I am not surprised at all about the guy getting in trouble.

borrachone wrote:From my experience I am not surprised at all about the guy getting in trouble.

First, Welcome! Second, don't just give us a drive bye, how about some details.

He went out of his way to shaft a guy, all I am going to say.

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Agree that Civil Asset Forfeiture without due process, which is I think where we are now, is a very bad law.

Joe is a politician however, you know, a person who passes laws that the people who elected him wanted at the time.

Not sure where "The People" stand on this now, but at the time many were for it.

Michigan Couple Says Town Seized Their Building and Offered To Return It if They Bought Two Cars for Police

https://reason.com/2022/05/19/michigan-couple-says-town-seized-their-building-and-offered-to-return-it-if-they-bought-two-cars-for-police/

Fucking despicable. God damn cops and prosecutors have no shame.

Highland Park authorities are acting no differently than any other local municipality or county where local law enforcement, local prosecutors, a friendly judge and often a local executive act with impunity knowing forfeitures can get buried under a pile of court delays.

No criminal charge? No problem! Michigan police can still take your car

Stephanie Wilson was driving on a service lane in Detroit in June 2019 when unmarked police cars swooped in and surrounded her Saturn Ion.

Within minutes, she said, the car had been seized, leaving the nursing student and her ex-husband on the side of the road wondering what had just happened.

Wilson’s car was scooped up as part of a Wayne County Prosecutor’s program called Push Off, aimed at curbing drug sales in high-crime neighborhoods by taking away assets connected to the crimes.

The problem? They were never charged with anything.

Floyd Robertson wrote: No criminal charge? No problem! Michigan police can still take your car

Stephanie Wilson was driving on a service lane in Detroit in June 2019 when unmarked police cars swooped in and surrounded her Saturn Ion.

Within minutes, she said, the car had been seized, leaving the nursing student and her ex-husband on the side of the road wondering what had just happened.

Wilson’s car was scooped up as part of a Wayne County Prosecutor’s program called Push Off, aimed at curbing drug sales in high-crime neighborhoods by taking away assets connected to the crimes.

The problem? They were never charged with anything.

I hate this law with passion, one of the stupidest laws ever.