Cash Strapped PDs Tap New Source of Revenue: Stealing!

I've been reading about these cases for years now.  Sadly the Obama Administration is not fighting it, but going right along with it. 

I've been reading about them as well. At first, AF seemed a good idea to me, but as time has passed, it is more like what you say: legalized theft. I wouldn't be surprised at all to hear on CNN about a guy wrongly losing everything, snaps, and drives a car (which he stole, of course, since the cops took his) loaded full of gas cans 100mph into a busy city building. Not that I would condone or encourage such an act, just saying it wouldn't surprise me.

Ant

Cash Strapped PDs Tap New Source of Revenue: Stealing!

I've been reading about these cases for years now.  Sadly the Obama Administration is not fighting it, but going right along with it. 


I am OK with asset forfeiture as long as it is approved by a local judge as part of a formal preliminary hearing (to eliminate PD abuse), and, of course, said assets must be returned plus interest (and without storage fees) in the case of an acquittal (or if the prelim hearing judge finds no reasonable cause).  Speedy-trial rules need to prevail too.

However there is one crime for which I believe forfeiture should be automatic, and that is the case of people driving on a suspended (not expired) license.  Once people start losing their cars for driving on a suspended license (or their benefactors see that the car they loaned them gets pinched by the PD) then I think their foolishness will be greatly reduced.  And even in this case, I believe that the car owner should have the right to a quick hearing before a district magistrate (simply to allow them to provide evidence that the license was NOT in a suspended status, if that turns out to be the case).

I am OK with asset forfeiture as long as it is approved by a local judge as part of a formal preliminary hearing (to eliminate PD abuse), and, of course, said assets must be returned plus interest (and without storage fees) in the case of an acquittal (or if the prelim hearing judge finds no reasonable cause).  Speedy-trial rules need to prevail too.

However there is one crime for which I believe forfeiture should be automatic, and that is the case of people driving on a suspended (not expired) license.  Once people start losing their cars for driving on a suspended license (or their benefactors see that the car they loaned them gets pinched by the PD) then I think their foolishness will be greatly reduced.  And even in this case, I believe that the car owner should have the right to a quick hearing before a district magistrate (simply to allow them to provide evidence that the license was NOT in a suspended status, if that turns out to be the case).


Probably unconstitutional.  You can own a car without the license to drive the car.  They are two different things.  Here in Massachusetts, if you get caught driving with a suspended, revoked, or expired license, you may be subject to arrest.  I was arrested for driving under a revoked license a few years ago.  I didn't know it was revoked.  Long story, I won't bother to tell it, as I didn't tell it to the cop 'cos it wouldn't cut no ice anyway.  The car belonged to me.  The reason the cops had the car towed is I was alone in the vehicle and there was no licensed driver who could drive the car home.  Even if I had a passenger with a valid license in the car, they still would have slapped the cuffs on me.  Getting arrested and going to the lockup is no fun.  On top of that, I had to pay the assh*le who ran the towing yard a big wad of cash to get my car out there.  Then I had to pay a big fine to the state and pay to get my license reinstated.  Then I had to go to court eight weeks later.  The case was dismissed because I already paid my debt to society, but I still had to go to the courthouse.

Inconvenience?  Indeed, I do declare!  Foolishness on my part?  That's a bit harsh.  I'd say negligence. Anyway, I already knew you didn't f*ck around with the DMV.  Now I know it just a little better.

Yet that's not enough for you.  You would have the government seize my property.  WTF?  The car was registered with the state and the title was in my name, I just was not licensed to drive it.  What the hell kind of business does the state have forfeiting my car and selling it?  That's absurd. Of course, that's the way conservatives think nowadays.
::)

Probably unconstitutional.  You can own a car without the license to drive the car.  They are two different things.  Here in Massachusetts, if you get caught driving with a suspended, revoked, or expired license, you may be subject to arrest.  I was arrested for driving under a revoked license a few years ago.  I didn't know it was revoked.  Long story, I won't bother to tell it, as I didn't tell it to the cop 'cos it wouldn't cut no ice anyway.  The car belonged to me.  The reason the cops had the car towed is I was alone in the vehicle and there was no licensed driver who could drive the car home.  Even if I had a passenger with a valid license in the car, they still would have slapped the cuffs on me.  Getting arrested and going to the lockup is no fun.  On top of that, I had to pay the assh*le who ran the towing yard a big wad of cash to get my car out there.  Then I had to pay a big fine to the state and pay to get my license reinstated.  Then I had to go to court eight weeks later.  The case was dismissed because I already paid my debt to society, but I still had to go to the courthouse.

Inconvenience?  Indeed, I do declare!  Foolishness on my part?  That's a bit harsh.  I'd say negligence. Anyway, I already knew you didn't f*ck around with the DMV.  Now I know it just a little better.

Yet that's not enough for you.  You would have the government seize my property.  WTF?  The car was registered with the state and the title was in my name, I just was not licensed to drive it.  What the hell kind of business does the state have forfeiting my car and selling it?  That's absurd. Of course, that's the way conservatives think nowadays.
::)


I would see this as no more unconstitutional than seizing a drug dealer's Bentley with the 26" rims...  It's not illegal to own a Bentley.

Probably unwordal.  You can own a car without the license to drive the car.


But that's just the point - under asset forfeiture, nobody woudl be charging you with anything.  They're charging your car.  The case would go on the docket as "US (or State, or County, or City) vs. VIN#12345678".  The car would probably be charged with being driven by an unlicensed driver, or some such, in much the same way that any suitable amount of cash is charged with being the proceeds of crime.  Your car gets a fair trial; it's just too stupid to hire decent representation or to take the stand in its own defence.

It's asinine, it's doublethink, but the precedent's been established under both the Bush and Clinton regimes.  (And stop using unwords like the second one in your post.  Unwordusers unbellyfeel Amsoc.)

But that's just the point - under asset forfeiture, nobody woudl be charging you with anything.  They're charging your car.  The case would go on the docket as "US (or State, or County, or City) vs. VIN#12345678".  The car would probably be charged with being driven by an unlicensed driver, or some such, in much the same way that any suitable amount of cash is charged with being the proceeds of crime.  Your car gets a fair trial; it's just too stupid to hire decent representation or to take the stand in its own defence.

It's asinine, it's doublethink, but the precedent's been established under both the Bush and Clinton regimes.  (And stop using unwords like the second one in your post.  Unwordusers unbellyfeel Amsoc.)


;D

Should apply laws to other inanimate objects.  Let your shotgun take the stand!

BTW, the word "unwordal" doesn't mean anything.  I was very tired, couldn't think of the word, "unconstitutional," so I was thinking, what's the word?  Hence, "unwordal."
:D

BTW, the word "unwordal" doesn't mean anything.  I was very tired, couldn't think of the word, "unconstitutional," so I was thinking, what's the word?  Hence, "unwordal." :D


Yeah, unwordal!  You just used it three times in that paragraph alone!

Newbrowse has plusgood autospellcheck feature; works on theirposts, not just yourposts.  Maybe you just need upgrade to newbrowse. Besides, only oldthinkers unupgrade to newbrowse.  If you need upgrade, just call Homesec; your oldputer will be charged with having oldware and taken in for a free upgrading.  (Better that your computer go to Homesec for upgrading than you go to Homsec, for upgrading no? :)

Yeah, unwordal!  You just used it three times in that paragraph alone!

Newbrowse has plusgood autospellcheck feature; works on theirposts, not just yourposts.  Maybe you just need upgrade to newbrowse. Besides, only oldthinkers unupgrade to newbrowse.  If you need upgrade, just call Homesec; your oldputer will be charged with having oldware and taken in for a free upgrading.  (Better that your computer go to Homesec for upgrading than you go to Homsec, for upgrading no? :)


Oh, it'll red line stuff, but if you're not paying attention, well....

::)