11 ms·

Nebraska's civil forfeiture reform

153 points by mrb 10y ago

danjoc 10y ago
Forbes requires me to disable malware protection to view their site. I found an informative link here instead: http://dailysignal.com/2016/04/22/nebraska-abolishes-civil-forfeiture/ http://dailysignal.com/2016/04/22/nebraska-abolishes-civil-f...
- fuzzywalrus 10y ago
  Thanks, forbes isn't fond of Ghostery.
  - khedoros 10y ago
    My work blocks a lot of ad sites, completely out of my control. Forbes and Wired are two where I have to just skip the links, if I'm browsing from there.
- dang 10y ago
  We've changed the URL from http://www.forbes.com/sites/instituteforjustice/2016/04/20/nebraska-just-abolished-civil-forfeiture-now-requires-a-criminal-conviction-to-take-property http://www.forbes.com/sites/instituteforjustice/2016/04/20/n... to a local newspaper report.
  - yongjik 10y ago
    > http://journalstar.com/legislature/a-positive-step-forward-both-sides-find-good-in-nebraska/article_0185c306-4211-5b42-b372-98364b98b8ae.html http://journalstar.com/legislature/a-positive-step-forward-b... Umm, not sure if it's just me, but this link doesn't even let me read the article without answering a survey like "Do you currently have auto insurance?"
    - davidw 10y ago
      It used to be we had to go outside, find a newspaper box, and put a quarter in it to get a paper. And it was probably just the local paper.
      - mulmen 10y ago
        Yes but we didn't have to wash their dishes. Ads are one thing, invasive popover interactive surveys are another.
    - stephengillie 10y ago
      Try disabling JavaScript, the page displays fine on mobile without it.
    - ceejayoz 10y ago
      I love the surveys! It gives me an opportunity to muddle what Google knows about me.
cm3 10y ago
This is great to hear. It must spread quickly to correct one of many bugs in the 2016 version of US laws.
- toomuchtodo 10y ago
  Call you representative. Voice your concern. Spearhead the effort in your state or find out who is.
  - cm3 10y ago
    I'm not a US citizen.
    - deleted 10y ago
      [deleted]
    - sandworm101 10y ago
      Email them anyway. Chances are they have an intern counting for/against, positive/negative, without bothering to notice the author's citizenship. Don't lie, just say "I'm against X" and leave it to them. If rich people can fund elections across state lines, across national boundaries, then poor people should at least be able to register their disapproval.
      - toomuchtodo 10y ago
        Its not going to get counted without a zip code to confirm constituency. Also, emails count the least (point system based on in-person visit, letters, phone calls, emails, in descending order of value).
        maxxxxx 10y ago
        You forgot "Check with big campaign contribution" :-)
        10y ago
zyxley 10y ago
> Still, the attorney general's office says the bill "contains more than minor errors." > For example, if a person suspected of drug trafficking is stopped by local law enforcement on Interstate 80 en route to another state, it's possible Nebraska laws would provide no avenue to prosecute that person and therefore no way to permanently seize the cash, Shasserre said. "You can't take their money if you don't have enough evidence to prosecute" is a feature, not a bug.
- avs733 10y ago
  depends on your perspective... At the risk of defending a complete moron (the AG), he is likely an elected official who the people of the state want to do these things and the law is preventing him from doing the will of the people. (analysis of a point of view, not a validation of it)
  - mulmen 10y ago
    For yet another perspective, the measure in question was put in place by lawmakers who are elected to do the will of the people. If this law is being passed then we can infer that the will of the people is not, in fact, to have their property stolen by the state without due process.
  - sbuttgereit 10y ago
    The analysis is likely correct. But the will of the people is not always right and sometimes law is at its best when it protects you from the will of the people. This may be just so, in which case I applaud the insight and, perhaps, bravery of the legislature for doing the right thing.
- azernik 10y ago
  The response of the bill's sponsors is even more pithy: > Garrett said the goal is first and foremost to protect people's due process rights. > "You can what-if things to death," he said. "If they don't have a case — too bad, so sad."
hoodoof 10y ago
This is good news. The most fundamental corruption in society must be unscrutinized seizure by government and police.
marcus_holmes 10y ago
hang on, what? So in the USA the police can just take your personal possessions without providing any cause or reason? That doesn't sound like Freedom! to me, that sounds like a police state...
- tn13 10y ago
  Not only they can take they are under no obligation to even pursue charges. You have to prove your innocence to get your stuff back. Note: Police get to divide this loot among themselves (as their own private property) it does not even go to government coffers.
  - marcus_holmes 10y ago
    So if I'm a copper and I see someone with a nice shiny laptop I want, I can just stop them and take their laptop for my own? that's insane! Why aren't Americans rioting in the streets about this?
    - virmundi 10y ago
      Because the government always trots out drugs and terrorism as the defense. Americans hate drugs and terrorists. Therefore we need to stop their funding! Fortunately this family of stories are getting more ink and video. John Oliver did a show on it. Local stories popup about small time business owner trying to buy a truck getting screwed. So we are seeing two things America likes hitting heads: fighting terror and small businesses getting screwed. https://youtu.be/3kEpZWGgJks https://youtu.be/3kEpZWGgJks
    - tn13 10y ago
      Forget your shiny laptop. Imagine you own a hotel. Copper can catch some guy hanging out in your lobby claiming he might have drugs then take your motel and delivery van. Americans don't riot because they think "drug person lost his motel? who cares?".
      - a3n 10y ago
ccvannorman 10y ago
FYI, in 2013 a reform (Senate Bill 443 [0]) was shot down in California, because LEO doesn't want their goodies taken away. If you're a concerned Californian you might want to contact the senator who introduced it, Holly Mitchell [1] [0] http://www.sacbee.com/news/politics-government/capitol-alert/article34818903.html http://www.sacbee.com/news/politics-government/capitol-alert... [1] http://sd30.senate.ca.gov/ http://sd30.senate.ca.gov/

153 points by mrb 10y ago

Forbes requires me to disable malware protection to view their site. I found an informative link here instead: http://dailysignal.com/2016/04/22/nebraska-abolishes-civil-forfeiture/ http://dailysignal.com/2016/04/22/nebraska-abolishes-civil-f...

fuzzywalrus 10y ago
Thanks, forbes isn't fond of Ghostery.
- khedoros 10y ago
  My work blocks a lot of ad sites, completely out of my control. Forbes and Wired are two where I have to just skip the links, if I'm browsing from there.
dang 10y ago
We've changed the URL from http://www.forbes.com/sites/instituteforjustice/2016/04/20/nebraska-just-abolished-civil-forfeiture-now-requires-a-criminal-conviction-to-take-property http://www.forbes.com/sites/instituteforjustice/2016/04/20/n... to a local newspaper report.
- yongjik 10y ago
  > http://journalstar.com/legislature/a-positive-step-forward-both-sides-find-good-in-nebraska/article_0185c306-4211-5b42-b372-98364b98b8ae.html http://journalstar.com/legislature/a-positive-step-forward-b... Umm, not sure if it's just me, but this link doesn't even let me read the article without answering a survey like "Do you currently have auto insurance?"
  - davidw 10y ago
    It used to be we had to go outside, find a newspaper box, and put a quarter in it to get a paper. And it was probably just the local paper.
    - mulmen 10y ago
      Yes but we didn't have to wash their dishes. Ads are one thing, invasive popover interactive surveys are another.
  - stephengillie 10y ago
    Try disabling JavaScript, the page displays fine on mobile without it.
  - ceejayoz 10y ago
    I love the surveys! It gives me an opportunity to muddle what Google knows about me.

cm3 10y ago

This is great to hear. It must spread quickly to correct one of many bugs in the 2016 version of US laws.

toomuchtodo 10y ago
Call you representative. Voice your concern. Spearhead the effort in your state or find out who is.
- cm3 10y ago
  I'm not a US citizen.
  - deleted 10y ago
    [deleted]
  - sandworm101 10y ago
    Email them anyway. Chances are they have an intern counting for/against, positive/negative, without bothering to notice the author's citizenship. Don't lie, just say "I'm against X" and leave it to them. If rich people can fund elections across state lines, across national boundaries, then poor people should at least be able to register their disapproval.
    - toomuchtodo 10y ago
      Its not going to get counted without a zip code to confirm constituency. Also, emails count the least (point system based on in-person visit, letters, phone calls, emails, in descending order of value).
      - maxxxxx 10y ago
        You forgot "Check with big campaign contribution" :-)
        10y ago

zyxley 10y ago

> Still, the attorney general's office says the bill "contains more than minor errors." > For example, if a person suspected of drug trafficking is stopped by local law enforcement on Interstate 80 en route to another state, it's possible Nebraska laws would provide no avenue to prosecute that person and therefore no way to permanently seize the cash, Shasserre said. "You can't take their money if you don't have enough evidence to prosecute" is a feature, not a bug.

avs733 10y ago
depends on your perspective... At the risk of defending a complete moron (the AG), he is likely an elected official who the people of the state want to do these things and the law is preventing him from doing the will of the people. (analysis of a point of view, not a validation of it)
- mulmen 10y ago
  For yet another perspective, the measure in question was put in place by lawmakers who are elected to do the will of the people. If this law is being passed then we can infer that the will of the people is not, in fact, to have their property stolen by the state without due process.
- sbuttgereit 10y ago
  The analysis is likely correct. But the will of the people is not always right and sometimes law is at its best when it protects you from the will of the people. This may be just so, in which case I applaud the insight and, perhaps, bravery of the legislature for doing the right thing.
azernik 10y ago
The response of the bill's sponsors is even more pithy: > Garrett said the goal is first and foremost to protect people's due process rights. > "You can what-if things to death," he said. "If they don't have a case — too bad, so sad."

hoodoof 10y ago

This is good news. The most fundamental corruption in society must be unscrutinized seizure by government and police.

marcus_holmes 10y ago

hang on, what? So in the USA the police can just take your personal possessions without providing any cause or reason? That doesn't sound like Freedom! to me, that sounds like a police state...

tn13 10y ago
Not only they can take they are under no obligation to even pursue charges. You have to prove your innocence to get your stuff back. Note: Police get to divide this loot among themselves (as their own private property) it does not even go to government coffers.
- marcus_holmes 10y ago
  So if I'm a copper and I see someone with a nice shiny laptop I want, I can just stop them and take their laptop for my own? that's insane! Why aren't Americans rioting in the streets about this?
  - virmundi 10y ago
    Because the government always trots out drugs and terrorism as the defense. Americans hate drugs and terrorists. Therefore we need to stop their funding! Fortunately this family of stories are getting more ink and video. John Oliver did a show on it. Local stories popup about small time business owner trying to buy a truck getting screwed. So we are seeing two things America likes hitting heads: fighting terror and small businesses getting screwed. https://youtu.be/3kEpZWGgJks https://youtu.be/3kEpZWGgJks
  - tn13 10y ago
    Forget your shiny laptop. Imagine you own a hotel. Copper can catch some guy hanging out in your lobby claiming he might have drugs then take your motel and delivery van. Americans don't riot because they think "drug person lost his motel? who cares?".
    - a3n 10y ago

ccvannorman 10y ago

FYI, in 2013 a reform (Senate Bill 443 [0]) was shot down in California, because LEO doesn't want their goodies taken away. If you're a concerned Californian you might want to contact the senator who introduced it, Holly Mitchell [1] [0] http://www.sacbee.com/news/politics-government/capitol-alert/article34818903.html http://www.sacbee.com/news/politics-government/capitol-alert... [1] http://sd30.senate.ca.gov/ http://sd30.senate.ca.gov/