Tag: civil asset forfeiture

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media and media people meme Popular responsibility too much government

Overkill . . . for Your Health

vape, vaping, law, asset forfeiture, politicians,

News stories about death- and illness-by-vaping keep hitting us. But in most of these stories it is what is left out that is most alarming.

From Washington State’s King County we learn of another case of severe lung disease “associated with vaping.” But the reportage doesn’t mention how the maladies relate to vaping. “KING-TV reports there have been 15 cases of severe lung disease associated with vaping in Washington state since April 2019. . . .” Interesting as far as that goes, but. . . .

In addition to no discussion of causality, the most obvious thing not mentioned in this and similar reports? The numbers diagnosed with severe lung disease caused by smoking — which is the relevant vaping alternative.

The U.S. Government’s agency devoted to diagnosing potentially widespread pathogens and practices is, thankfully, a bit more useful. In a recently published study, scientists have narrowed down the real culprit: “Vitamin E acetate was detected in all 29 patient” samples taken from those under study. 

Most had been vaping THC.

There are organizations worse than sloppy news outlets, however. In Massachusetts, the House of Representatives has passed a bill not merely to ban flavored e-cigarettes, but also to levy 75 percent tax on all e-liquids and vaping devices. 

Typical government overkill.

But not overkill enough, for the bill doesn’t stop there. Whopping fines against those caught with unlicensed vaping products are also in the bill, as is — aaargh! — civil asset forfeiture.

The “representatives” of Massachusetts’ citizens want to take away their automobiles, boats and airplanes if they cannot prove, on the spot, their vaping products’ legality.

Politicians are far more dangerous than vaping.

This is Common Sense. I’m Paul Jacob.

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crime and punishment Popular property rights

Of Loot and Leverage

civil asset forfeiture, police, corruption, theft

Without a special kicker, why should police bother to do their jobs?  

The subject is civil asset forfeiture. This legal procedure makes it easy to take property from criminals. For the War on Drugs, civil forfeiture was so loosened as to allow police to take property from anyone . . . without due process.

No wonder citizens in a number of states have demanded limits upon the practice. 

But since police departments get to keep the loot they “interdict” — spending it on better cars, weapons, office furniture, plush employee lounges, drug-sniffing dogs — law enforcement personnel aren’t exactly always on board with citizens’ concerns.

Jarrod Bruder, South Carolina Sheriff’s Association executive director, defends the sorry practice, as quoted by Greenville News. He asks what, sans civil forfeiture’s profit motive, could be a cop’s “incentive to go out and make a special effort?” 

Dollars to donuts, this will not play well with those who distrust the police already. 

And note the biggest incentive police face: to take property away from innocent people. Easier pickin’s. No surprise, then, that in “19 percent of cases, there is no criminal arrest.”*

Meanwhile, Senator Ted Cruz (R-Tex.) has suggested that President Trump take the confiscated billions from the accounts of drug kingpin El Chapo to “build the Wall.”

Genius? 

Regardless, this mere suggestion could add incentives for pro-Wall Republicans to go soft on civil asset forfeiture.

There is no point in being secure within our borders if we are not secure within our homes and wallets and cars and . . . any other place jeopardized by this police-state practice.

This is Common Sense. I’m Paul Jacob.

*Blacks represent 71 percent of cases, while only 28 percent of the state population.

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Forfeiting Common Sense

civil, asset, forfeiture, civil asset forfeiture, cash, grocery bag, Whole Foods, theft, police, corruption

Is it okay to steal if you can get away with it?

A full answer would require a treatise. But most of us common-sensibly understand that evil does not magically become good when perpetrators are not stopped or punished. Thrasymachus was wrong to contend, in Plato’s Republic, that justice is merely the “interest of the stronger.”

When it comes to crimes like bank robberies, muggings and car jackings, we have no doubts about this. In such blatant cases, we suffer nothing like the legitimate confusion to which we may be prone regarding the exact border between adjacent parcels of land or the niceties of intellectual property law.

Well, somebody tell the New Hampshire state police.

Some of them apparently believe it’s okay to steal if you can evade laws against the stealing.

New Hampshire’s recent reform of civil forfeiture laws requires criminal conviction of a person before there can be any forfeiture of his property. But a loophole enabled officers to grab $46,000 of Edward Phipps’s money — from his car, stopped on the road — even though he was never accused of a crime. 

How?

It seems that if state cops collaborate with the feds, safeguards established to prevent such abuse can be evaded.

To retrieve even a little of his money ($7,000), Mr. Phipps was forced to relinquish all claim to the balance ($39,000). Even if lawmakers close the loophole, as they should, the robber-cops will probably get away with this particular larceny. 

They shouldn’t.

That’s injustice, not common sense.  I’m Paul Jacob.

 

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Photo Credit: N.H. State Police

 

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Accountability general freedom insider corruption local leaders moral hazard national politics & policies too much government U.S. Constitution

Separation of Senators

separation of power, conflict of interest, politician, interests, balance of power, civil asset forfeiture, legislative, executive, judicial

The separation of powers doctrine has been a bedrock principle of small-r republican government. Each branch — legislative, executive, judicial — should be independent, and check the power of the other branches.

This requires that no person hold positions simultaneously in more than one branch of government.

Which brings us to Nevada State Senator Heidi Gansert. In addition to being a legislator, she’s currently employed by the University of Nevada-Reno as executive director for external relations . . . an executive branch position.

One can certainly understand why she wants to keep her prestigious legislative perch, while maintaining her annual $203,000 from the university. But those pesky folks at the Nevada Policy Research Institute’s Center for Justice and Constitutional Litigation insist Gansert adhere to the constitution.

They’ve filed a lawsuit.

As if to dramatize why “separation of powers” matters, consider Senate Bill 358, which sought to reform civil asset forfeiture in Nevada. The legislation couldn’t get out of the Senate Judiciary Committee, where State Senator Nicole Cannizzaro is vice-chair. She also holds a $99,000 position as a Clark County deputy district attorney.

“Senator Cannizzaro’s presence on the Senate Judiciary Committee, as it pertains to forfeiture legislation, begs for a lesson on separation of powers,” the Nevada Policy Research Institute’s Daniel Honchariw wrote in the Las Vegas Review-Journal.

“Reform would’ve meant less money for district attorneys,” Honchariw explained, “which, in addition to police departments, directly profit from forfeitures.”

Nevada’s legal precedent on separation of powers is less clear-cut regarding Cannizzaro’s conflicting role in local government, than for Gansert’s state position. But the potential for mischief is the same — and obvious.

This is Common Sense. I’m Paul Jacob.

 

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Accountability crime and punishment free trade & free markets general freedom initiative, referendum, and recall moral hazard nannyism national politics & policies property rights

Good and Bad News

Civil Asset Forfeiture, crime, drugs, marijuana, stealing, theft, police abuse

On the issue of “civil asset forfeiture” — police seizing property from folks merely on suspicion, without a criminal conviction — there is good news.

In Idaho, House Bill 202a just passed both legislative chambers overwhelmingly. “Among other changes, HB 202a would no longer allow civil forfeiture of the vehicle of a person who merely possessed a controlled substance,” explained a Spokesman Review report, “without using the vehicle in connection with trafficking offenses or obtaining it with drug-trafficking proceeds. . . .” It also puts off the table “property that’s merely in proximity to illegal drugs” and the mere possession of cash.*

Legislation is moving forward in Arizona, too. House Bill 2477 passed to the Senate Judiciary Committee last week — which unanimously cleared it despite what the Arizona Republic called “strong opposition from . . . primarily people representing law-enforcement and prosecutors’ groups that benefit from the funds.”

The bill heightens the standard of proof required for making seizures stick from “preponderance of the evidence” to “clear and convincing evidence.” HB 2477 also increases reporting requirements, and creates a process police must follow to spend seized funds.

Unfortunately, there is also bad news.

Even with the new Idaho law and the enaction of the Arizona legislation, police in both states will continue to take people’s stuff without a criminal conviction. The level of abuse would be diminished, but not ended.

Citizens in both states can and should use the ballot initiative process to end this injustice. In total.

We must restore the bedrock principle of innocent-until-proven-guilty.

This is Common Sense. I’m Paul Jacob.

 

* Other provisions include a court determination on “whether a property seizure is proportionate to the crime alleged,” absolving “innocent owners from having to pay the state’s costs associated with an attempted seizure,” and some required record-keeping.

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Accountability crime and punishment moral hazard nannyism national politics & policies property rights too much government U.S. Constitution

Watcha Gonna Do?

civil asset forfeiture, forfeiture, police, abuse, theft, Trump, corruption, incentives, illustration, money, cops

At a White House meeting last week between President Trump and law enforcement officials, a Texas sheriff raised a concern about legislation introduced by a state senator to require a conviction before police could take someone’s property.

Mr. Trump asked for that senator’s name, adding, “We’ll destroy his career.” The room erupted with laughter.

“That joke by President Trump,” Fox News’s Rick Schmitt said on Monday, “has the libertarian wing of the Republican Party raising their eyebrows, instead of laughing.”

Not to mention the civil libertarians in the Democratic Party and the Libertarian Party itself.

Civil asset forfeiture, as we’ve discussed, allows police to take people’s cash, cars, houses and other stuff without ever convicting anyone of a crime — or even bringing charges. The person must sue to regain their property.

Lawyers aren’t free.

Two bedrock principles are at stake:

  1. that innocent-until-proven-guilty thing, and
  2. Our right to property.

Since police departments can keep the proceeds of their seizures, they’re incentivized to take a break from protecting us — to, instead, rob us.

“Our country is founded on liberties,” offered Jeanne Zaino, a professor at Ionia College. “[G]overnmental overreach is not something that is natural for Republicans to embrace.”

Schmitt acknowledged that “Libertarians would hate this. They don’t want big government. But they don’t have a lot of pull.”

Libertarian-leaning Republicans like Sen. Rand Paul and Rep. Justin Amash are trying to end civil forfeiture, but the president will likely veto their legislation.*

Let’s not wait. Activists in three Michigan cities put the issue on last November’s ballot and won. You can, too.

This is Common Sense. I’m Paul Jacob.

 

* FoxNews.com reported that, “Trump signaled he would fight reforms in Congress, saying politicians could ‘get beat up really badly by the voters’ if they pursue laws to limit police authority.”

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Accountability crime and punishment initiative, referendum, and recall moral hazard national politics & policies

Stealing Now Unpopular

Civil Asset Forfeiture, crime, drugs, marijuana, stealing, theft, police abuse

Civil asset forfeiture is stealing. So, why is it still happening?

Police seize boats, cars, houses and cash that they allege were used in the commission of a crime or were proceeds from the crime. Sometimes they simply take cash found on a motorist in a normal traffic stop, claiming it’s “drug money.”

Tragically, only 13 percent of forfeiture is criminal, i.e. involving a conviction. The rest is civil, wherein the person hasn’t been convicted of anything. Often not even charged.

When officials confiscate property without due process of law, it’s theft. The legal rationale government uses to snatch our stuff via civil forfeiture is a sick joke. Our property can be deemed “guilty” without enjoying our presumption of innocence. Instead, we have to go to court to prove our stuff is innocent.

Often officials negotiate a large cut, because hiring an attorney to get one’s money back might well cost more than the money itself.

The good news? People are becoming aware of civil asset forfeiture and overwhelmingly oppose it. A Cato Institute/YouGov poll found 84 percent of Americans against taking property without a criminal conviction.

While New Mexico and Nebraska have outlawed civil forfeiture, and some other states have sought to at least minimize its abuse, there is still significant pushback from police and prosecutors, who like getting all that dough. And who often have the ears of decision-makers.

The time has come to short-circuit the watered-down half-measure. Twenty-four states and a majority of cities enjoy the initiative process.

Let’s do it ourselves.

This is Common Sense. I’m Paul Jacob.

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Civil Asset Forfeiture, crime, drugs, marijuana, stealing, theft, police abuse

 

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Accountability crime and punishment general freedom moral hazard nannyism national politics & policies privacy property rights

A New Way to Steal

ERAD, gift card, civil asset, forfeiture, stealing, theft, drug war

The fight against government theft of private property, through “civil forfeiture,” just got a little harder.

There’s a new technology available: ERAD card scanners.

And the Oklahoma City Police Department’s joint interdiction team has them, and can use the scanners to take money from you without your consent.

What money, in particular? The money you have stored in pre-paid debit cards.

ERAD stands for Electronic Recovery and Access to Data, and the ERAD Group, Inc., stands to make a lot of cash from the technology. Police around the country want to be able to take the funds secured in debit cards. It’s the latest thing in the war against the war against the War on Drugs.

Drug traffickers, we’re told, hide dozens of such cards in vehicles transporting drugs.

It’s not enough that police can, in the course of investigating a crime — without conviction, mind you; indeed, without charges being filed — confiscate the cards themselves.

The police also want to be able to siphon the money out of those cards.

Which leads to corruption. Which is already rife in civil forfeiture usage, as a recent Oklahoma state audit found — missing money, misused funds, that sort of thing.

The cavalier way in which government officials defend expropriation by ERAD scanners is chilling. In an Oklahoma Watch article, reporter Clifford Adcock relates the official explanation: “These cards are cash, not bank accounts. . . . Individuals do not have privacy rights with magnetic stripe cards.” Why not? Because the information on the strip “literally has no purpose other than to be provided to others to read.”

That’s so open to logical criticism you could drive a confiscated truck fleet through it.

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment moral hazard national politics & policies property rights too much government U.S. Constitution

Return to Robbery

civil asset forfeiture, asset, forfeiture, police, abuse, stealing, theft, property, Common Sense

Last week, the crooks in Washington proved themselves nice enough to let us know that their rip-off machine is back in action. The Obama Justice Department announced the resumption of the “equitable sharing” program, whereby the Feds sing Kumbaya with state and local police while sharing the loot they snatch from innocent folks through “civil asset forfeiture.”

Yes, there again is that strange three-word, legalistic, police-pocketing term: civil asset forfeiture.

Free country? Not so long as local police and federal government agencies seize people’s stuff without ever charging or convicting those people of a crime. Simply by claiming suspicion . . . about their stuff.

To get their money or property back, the victims must hire an attorney and sue the government. Guilty until proven innocent. Only those raking in the ill-gotten gains are shameless enough to defend this completely un-American practice.

Which more than doubled in use during President Obama’s first five years in office, according to The Washington Post. Today, police and various government agents actually take more value from innocent Americans through civil asset forfeiture than do burglars through burglary.

“As President Obama counts down the days of his last year in office,” the Cato Institute’s Adam Bates wrote back in January, “one positive step he could take for his legacy would be to halt the federal government’s use of civil asset forfeiture and make the suspension of the equitable sharing program permanent.”

Yet, despite Mr. Obama’s talk about criminal justice reform, and despite his ability to bring justice with a stroke of his pen (and actually within his constitutional authority), last week the Feds instead went back to business as usual, ripping people off.

This is Common Sense. I’m Paul Jacob.

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crime and punishment general freedom moral hazard privacy property rights too much government

Taking Our Stuff Back

civil asset forfeiture, police, abuse, robbery, Common Sense

There’s been a big push for criminal justice reform, with some recent progress on civil asset forfeiture.

This is the process through which police and government agencies grab a citizen’s money or property — even if the citizen is never charged with a crime, much less convicted. Then, to get one’s stuff back, a citizen must sue to prove the stuff was innocent of being involved in criminal activity.

Asset forfeiture without a criminal conviction turns our system of justice on its head, encouraging bad behavior by police — ahem, stealing — by rewarding departments and agencies that get to keep the loot.

Reform legislation passed through an Oklahoma House committee earlier this week and now goes to the full House. Television News 9 in Oklahoma City began its report by acknowledging that, “A watered down version of the civil asset forfeiture bill has crossed another hurdle in the state Legislature.”

That’s because a bill to end civil asset forfeiture outright had already failed in the Senate. The currently pending legislation requires that citizens who sue to recover their property and win be awarded their legal fees.

It’s progress . . . but still not justice enough.

Late last month, Wyoming’s Gov. Matt Mead signed reform legislation mandating that there be a probable cause hearing before the legal forfeiture process can begin. Good. But that was after Gov. Mead vetoed a better bill, which stopped all official, convictionless snatching of stuff.

Police taking people’s stuff without having to prove a crime must be ended altogether, abolished. That means we better stop waiting for politicians. Instead, petition this important principle directly to the people — use ballot initiatives in cities and states across the country.

No time like the present.

This is Common Sense. I’m Paul Jacob.

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Also, please consider showing your appreciation by dropping something in our tip jar  (this link will take you to the Citizens in Charge donation page… and your contribution will go to the support of the Common Sense website). Maintaining this site takes time and money. Your help in spreading the message of common sense and liberty is very much appreciated!