4 ms·
http://www.washingtonpost.com/sf/investigative/2014/09/06/stop-and-seize/?utm_term=.6628e81a2e65 http://www.washingtonpost.com/sf/investigative/2014/09/06/st...
by ploxiln 9y ago
http://www.washingtonpost.com/sf/investigative/2014/09/06/stop-and-seize/?utm_term=.6628e81a2e65 http://www.washingtonpost.com/sf/investigative/2014/09/06/st...
> There have been 61,998 cash seizures made on highways and elsewhere since 9/11 without search warrants or indictments through the Equitable Sharing Program, totaling more than $2.5 billion. State and local authorities kept more than $1.7 billion of that while Justice, Homeland Security and other federal agencies received $800 million. Half of the seizures were below $8,800.
> Only a sixth of the seizures were legally challenged, in part because of the costs of legal action against the government. But in 41 percent of cases — 4,455 — where there was a challenge, the government agreed to return money. The appeals process took more than a year in 40 percent of those cases and often required owners of the cash to sign agreements not to sue police over the seizures.
EDIT: throwing in a great specific example:
http://listverse.com/2015/06/29/10-egregious-abuses-of-civil-asset-forfeiture/ http://listverse.com/2015/06/29/10-egregious-abuses-of-civil...
> restaurant owner Dale Agostini was pulled over on the same stretch of highway as Jennifer Boatright and Ron Henderson for the same reason: driving in the left lane without passing. After using what turned out to be an untrained police dog to sniff the vehicle, officers found over $50,000 in cash but no evidence of drugs. Agostini explained to the officers that he had family in the area and he intended to buy restaurant equipment at a local auction with the cash he was carrying. At the time, Agostini was traveling with his fiance and their one-year-old child, along with a cook who worked at Agostini’s restaurant.
> Agostini and the passengers were informed by Lynda K. Russell, the district attorney who had arrived on the scene, that they would face charges for money laundering and for engaging in organized criminal activity, and the baby would be turned over to Child Protective Services. The car, the $50,000, six cell phones, and an iPod were all seized.
> No criminal charges were ever filed.
- barrkel 9y agoOh I think there have been terrible injustices, and appeal ought to be easy and swift. There are injustices everywhere in law enforcement; innocent people get killed in the US by police because of the policy of carrying guns, combined with rules of engagement covering their use that minimize discretion. But that doesn't mean I'd advocate disarming police in the US, not without a lot of other changes too. The point I'm making is that you can't make an omelette without breaking some eggs. There are tradeoffs in public policy, and organized crime is a particularly tough omelette to fry. I'm OK with targeting their binding protein, their assets, with a reduced presumption of innocence, because I think it's works. I'm thinking of the Criminal Assets Bureau in Ireland in particular. http://www.garda.ie/Controller.aspx?Page=28 http://www.garda.ie/Controller.aspx?Page=28