No Conviction, No Confiscation!

Senator Holly Mitchell introduces groundbreaking legislation:

After reviewing countless stories of innocent people who have had their legal property seized by law enforcement, I introduced Senate Bill 443. SB 443 mandates that a person be convicted of a crime before their property can be permanently forfeited. While California attempted to reform civil asset forfeiture in the 90’s, local law enforcement began partnering with federal law enforcement officials in a system called “equitable sharing,” to take advantage of the lax evidentiary laws at the federal level. This has proven a profitable way for California law enforcement to circumvent our state law. This has resulted in payouts to state and local agencies that have increased nearly 250% over a 12-year period. By 2014 federal records showed that more property was permanently taken from owners by civil asset forfeiture than by burglary. In California, between 2000 and 2013 696 million dollars worth of private assets were forfeited to law enforcement by this means.

That's what I'mn talkin' about!

We must pass this critical reform to protect Californians from the unethical practice of seizing property from innocent people. And law makers must be reminded that their most pressing responsibility is protecting the constituencies that elected them into office, not the special interests that directly profit on the backs of innocent citizens.

http://lawattstimes.com/index.php?option=com_content&view=article&id=365...

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Meteor Man's picture

Here you go:

We want freedom. We want power to determine the destiny of our Black Community.

We want full employment for our people.

We want an end to the robbery by the white men of our Black Community. (later changed to "we want an end to the robbery by the capitalists of our black and oppressed communities.")

We want decent housing, fit for shelter of human beings.

We want education for our people that exposes the true nature of this decadent American society.

We want education that teaches us our true history and our role in the present day society.

We want all Black men to be exempt from military service.

We want an immediate end to POLICE BRUTALITY and MURDER of Black people.

We want freedom for all Black men held in federal, state, county and city prisons and jails.

We want all Black people when brought to trial to be tried in court by a jury of their peer group or people from their Black Communities, as defined by the Constitution of the United States.

We want land, bread, housing, education, clothing, justice and peace.-

An immediate end to U.S. Police murdering unarmed black men women and children seems like a pretty reasonable request.

http://www.historyisaweapon.com/defcon1/bpp.html#rules

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"They'll say we're disturbing the peace, but there is no peace. What really bothers them is that we are disturbing the war." Howard Zinn

Meteor Man's picture

"Our ten point program is in the midst of being changed right now, because we used the word 'white' when we should have used the word 'capitalist.'"
-Fred Hampton, Chicago Black Panthers.

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"They'll say we're disturbing the peace, but there is no peace. What really bothers them is that we are disturbing the war." Howard Zinn

CaptainPoptart's picture

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I'd rather learn from one bird how to sing than teach ten thousand stars how not to dance. - e.e.cummings

sojourns's picture

it has never, ever been legal. It is one of the most blatantly unconstitutional abuses of law enforcement ever. This whole business of having to pass laws to remedy 'laws' THAT ARE UNCONSTITUTIONAL in the first place shows just how completely fucked up the United States has become. Among other things.

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"I can't understand why people are frightened of new ideas. I'm frightened of the old ones."
John Cage

Is that a crime in itself? Sounds familiar.

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sojourns's picture

of the court, be it police officer, barred attorney, judge or any other officer of the court, makes unlawful orders and generally abuses the authority vested in them, is acting under "color of law".

This Federally: "Under the civil rights act of 1871 (42 U.S.C.A. Section 1983), color of law is synonymous with State Action, which is conduct by an officer that bears a sufficiently close nexus to a state so that the action is treated as though it is by the state."

http://legal-dictionary.thefreedictionary.com/Color+of+Law

BUT-- the statutes allowing for confiscation without due process are a constitutional matter. Since they have a statute, flawed as it maybe, I don't think "under color of law" is applicable.

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"I can't understand why people are frightened of new ideas. I'm frightened of the old ones."
John Cage

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elenacarlena's picture

But it's only for California, right? We need this federally. Asset forfeiture always was unfair.

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Please check out Pet Vet Help, consider joining us to help pets, and follow me @ElenaCarlena on Twitter! Thank you.

This is great news.

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Oldest Son Of A Sailor's picture

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"Do you realize the responsibility I carry?
I'm the only person standing between Richard Nixon and the White House."

~John F. Kennedy~
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Meteor Man's picture

At 10:00 minutes. A Zamboni? A fucking Zamboni? For what conceivable law enforcement purpose would any P.D. need a Zamboni?

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"They'll say we're disturbing the peace, but there is no peace. What really bothers them is that we are disturbing the war." Howard Zinn

TheOtherMaven's picture

so unless that particular police department is maintaining or sponsoring an ice rink for recreational purposes, I can't imagine what they would want with one.

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There is no justice. There can be no peace.

Meteor Man's picture

At 10:00 minutes. A Zamboni? A fucking Zamboni? For what conceivable law enforcement purpose would any P.D. need a Zamboni?

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"They'll say we're disturbing the peace, but there is no peace. What really bothers them is that we are disturbing the war." Howard Zinn

Lookout's picture

you can kill someone and they won't take your property, but grow a pot plant...

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“Until justice rolls down like water and righteousness like a mighty stream.”