Sunday OT, Legalized Theft by Cops, or not --

One of the more nefarious violations of human rights enacted during the "War on Drugs" was the legislation enabling the police to steal anything they want from people. All they have to do is assert that they think that it was obtained, directly or indirectly, with the proceeds or profits from an illegal activity. Supporters of this draconian provision will run to assert that the victims of these thefts can go to court to get their property back, but that is laughable. In the first place, lawyers cost money, tons of money, so a great many of the victims of these thefts don't have any hope of contesting them. (There's also the problem of getting time off of work to sue the cops for return of what they stole from you.) Then there's the minor detail of proving that none of the funds you spent buying it (or none of the funds the purchaser spent if it was a gift) were the proceeds of an illegal activity. Obviously this applies to any cash they decide to steal because "you people have no legal way of coming into possession of $200 in cash", or whatever they hit you up for.

Two related news items have come to my attention recently.

When asked, the NYPD claims that it has no idea how much it has stolen and has no way to obtain that information. That's quite possibly a lie, but it is their story and they're standing on it. The article that brought this to my attention was in boing-boing, though there are others.
https://boingboing.net/2016/09/16/nypd-we-cant-tell-you-how-m.html which cited
http://www.villagevoice.com/news/nypd-revealing-the-truth-about-the-mill...

NYPD: Revealing the Truth About the Millions We Seize Would 'Lead to Systems Crashes' (Headline)
"Attempts to perform the types of searches envisioned in the bill will lead to system crashes and significant delays during the intake and release process," said Assistant Deputy Commissioner Robert Messner, while testifying in front of the council's Public Safety Committee. "The only way the department could possibly comply with the bill would be a manual count of over half a million invoices each year."

When asked by councilmember Dan Garodnick whether the NYPD had come to the hearing with any sort of accounting for how much money it has seized from New Yorkers this past year, the NYPD higher-ups testifying simply answered "no."

The NYPD's testimony was also disingenuous: As part of a FOIL request filed by the Bronx Defenders, the NYPD had already compiled and released figures that show the staggering amounts that it has seized.

Meanwhile, CA attacked the problem by requiring that there actually be a conviction of the victims (who often aren't even charged) before the cops could steal their stuff. The cops then utilized a loophole of having the feds steal the stuff and then pass it through to them. New legislation putting a partial end to this practice was enacted and was just signed by Jerry Brown.
http://www.drugpolicy.org/news/2016/09/california-governor-brown-signs-b... A somewhat lengthy press release. A more pithy blog article with a great embedded video:
https://boingboing.net/2016/09/30/california-now-requires-convic.html citing Nick Sibilla of The Institute for Justice who they quote as saying:

Since 1994, California state law has required a criminal conviction before real estate, vehicles, boats and cash under $25,000 could be forfeited to the government. But those requirements are completely missing under federal law. So California police could instead partner with a federal agency, take the property under federal law, and reap up to 80 percent of the proceeds.

To fix this, the new law requires a criminal conviction before agencies can receive forfeiture payments from the federal government on forfeited real estate, vehicles, boats and cash valued at under $40,000.

I guess the dollar value is to protect the poor but force everybody else to spend up to 39 grand to hire a lawyer to get their stuff back, but it is better than noting.

There's a great John Oliver clip at the boingboing link, including some really damning official testimony and examples of the abuse this outrageous process encourages. It is definitely worth watching.

Hokay - thread is open, go for it

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Granma's picture

Of the law that lets them do this? There certainly should be. I seem to remember something about innocent until proven guilty as w Ellen as the right to be secure from searches and taking of our property without courts first being involved.
This sort of thing is what caused the Revolution against the British, way back in the 1770s.
I just wonder if they even teach these things in schools anymore. We got it in 8th grade history and in more depth in a required high school government class when I was in school a looong time ago.

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enhydra lutris's picture

have played pretty fast and loose with all of our civil liberties, so they'd probably go along with it.

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That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --

When government and the Supreme Court, as well as others, have been corrupted to the point of publicly defying the Constitution defining the country's law in the public interest, a good Spring cleaning is in order.

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Psychopathy is not a political position, whether labeled 'conservatism', 'centrism' or 'left'.

A tin labeled 'coffee' may be a can of worms or pathology identified by a lack of empathy/willingness to harm others to achieve personal desires.

gulfgal98's picture

cops can take assets (money, cars, and even homes) under civil asset forfeiture laws. The Des Moines Register ran a good story on civil asset forfeiture in Iowa back in 2015. Civil asset forfeiture can occur without a person being charged with a crime or found guilty. Many police departments use civil asset forfeiture to pad their budgets and further militarize their officers. IMO, it is unconstitutional, but nowadays a lot of things that the cops and the government are doing is unconstitutional.

Edit to add this quote from the linked article.

Nationally, federal forfeiture laws were used to seize nearly $4.5 billion in 2014, up from $27 million in 1985. In Iowa, the amount seized using the state's forfeiture law has more than doubled, from about $2 million in 2009 to nearly $5 million last year.

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Do I hear the sound of guillotines being constructed?

“Those who make peaceful revolution impossible will make violent revolution inevitable." ~ President John F. Kennedy

enhydra lutris's picture

or not, but the property being stolen is charged, the John Oliver video is hilarious on that point.

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That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --

gulfgal98's picture

So now property is a person able to commit a crime? We are so far down that rabbit hole now. Orwellian.

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Do I hear the sound of guillotines being constructed?

“Those who make peaceful revolution impossible will make violent revolution inevitable." ~ President John F. Kennedy

Bisbonian's picture

Yeah, but not the type they are using for their excuse. So they say there are over half a million invoices a year. For how many years? 25? so lets say that's 13 million invoices. In New York City. For a buck apiece, ya think? 10? 100? How about an average more like a thousand bucks? That makes a nice round 13 billion dollars. With a B. In NYC.

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"I’m a human being, first and foremost, and as such I’m for whoever and whatever benefits humanity as a whole.” —Malcolm X

Meteor Man's picture

So says WaPo:

Law enforcement took more stuff from people than burglars did last year

https://www.google.com/amp/s/www.washingtonpost.com/amphtml/news/wonk/wp...
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And:

New report: In tough times, police start seizing a lot more stuff from people

https://www.washingtonpost.com/news/wonk/wp/2015/11/10/report-in-lean-ti...

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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

Socialprogressive's picture

doesn't come cheap. Somebody's got to pay for it.

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I'm great at multi-tasking. I can waste time, be unproductive, and procrastinate all at the same time.