Tag: police

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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Tags asset forfeiture, ballot initiative, civil asset forfeiture, law, police, police abuse

Accountability crime and punishment responsibility

Do-It-Yourself Policing

New Orleans, crime, police, Common Sense, illustration

While crime was plummeting throughout the country, last year New Orleans experienced a surge — rapes up 39 percent and armed robberies up 37 percent.

Having reduced its police force by 500 officers due to budget problems, the Big Easy called in Louisiana State Troopers to assist a force “historically mired in corruption.” Yet, there was scant progress in keeping citizens safe.

Then crooks broke into Sidney Torrez’s home and Torrez, known as the “trash king” because he made a fortune hauling trash out of the city after Hurricane Katrina, responded with a $100,000 television ad campaign. “The French Quarter is under siege by criminals,” his TV spot declared; it encouraged citizens to “hold the administration accountable.”

Mayor Mitch Landrieu wasn’t pleased, shooting back that, “If it’s so easy, maybe [Torrez] should just take some of that money and do it himself.”

So, Torrez did, teaming up with Bob Simms, a retired aerospace engineer.

In no time, they developed a downloadable app for smartphones, allowing folks to contact police much like we use Uber to contact a car ride. Torrez donated $500,000 and the Batman and Robin-esque duo hired off-duty policemen outfitted with Polaris golf carts to patrol the French Quarter, the city’s “golden goose.”

Other private donations arrived to support the effort. In just months, crime dropped 45 percent in the Quarter. Now the city’s Convention and Visitors Bureau is paying the monthly cost.

Torrez notes that the effort allows “the community a way to self-police,” adding, “I think it can work anywhere.”

“It’s not rocket science,” says Bob Simms … the former rocket scientist.

It’s citizen-led government.

This is Common Sense. I’m Paul Jacob.

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Tags crime, New Orleans, police, privatization, public vs. private

Accountability crime and punishment general freedom government transparency moral hazard national politics & policies property rights

Equitable Stealing?

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

Is freedom a simple matter of drafting a lofty document about respecting the rights of citizens?

Alas, no.

Our Constitution does that, as does Turkey’s and, for that matter, so did the now-defunct Soviet Constitution. Obviously, vigilance is also required. Keeping powerful government agencies respectful of the law — our liberties — and, when not, fully accountable for transgressions, is crucial.

That necessary vigilance is lacking here in America, today.

Your local police — the guys and gals who might respond if, heaven forbid, your home were broken into, or come upon your spouse broken down on a dark, rainy highway — are being encouraged to take people’s stuff … for “profit.”

It’s called civil asset forfeiture. This “legal” ability to stop people and snatch their money (or car or what-have-you) without ever charging anyone with a crime forces victims to hire a lawyer to sue the government to prove their stuff is innocent.

Last Friday, I heralded a new Institute for Justice report on the growth of this dangerous practice of official police thievery. At Townhall on Sunday, I pointed out that even when reforms are enacted at the state and local level, federal law enforcement still facilitates civil forfeiture. The Feds encourage locals to continue taking stuff through a federal program known as “equitable stealing.”

No, my bad, it’s actually called “equitable sharing.”

But it’s the same thing, just with the Feds and locals splitting the loot.

We need new laws at the federal, state and local level that abolish forfeiture without a criminal conviction. If our “leaders” won’t act, we can petition at the local level to end this pernicious policy, forbidding any involvement with the Feds.

This is Common Sense. I’m Paul Jacob.

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Tags asset forfeiture, civil asset forfeiture, crime, feds, police, property, property rights

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

Our Innocent Stuff

civil forfeiture, civil asset forfeiture, crime, theft, police, abuse, property rights, Common Sense

The Institute for Justice’s new report, Policing for Profit: The Abuse of Civil Asset Forfeiture, details a “big and growing problem” that “threatens basic rights to property and due process.”

Through both criminal and civil forfeiture laws, governments can seize property used in — or the proceeds of — a crime. Criminal forfeiture requires that a person be charged and convicted of a crime to transfer title to government. Civil forfeiture, on the other hand, allows governments to take people’s stuff without being convicted — or even charged — with a crime.

No surprise that 87 percent of asset forfeiture is now civil, only 13 percent criminal. And governments are grabbing more and more. The federal financial take has grown ten-fold since 2001.

“Every year,” IJ’s researchers document, “police and prosecutors across the United States take hundreds of millions of dollars in cash, cars, homes and other property — regardless of the owners’ guilt or innocence.” Then, the innocent victim must sue the government to have his or her stuff returned.

Incentive to steal? “In most places, cash and property taken boost the budgets of the very police agencies and prosecutor’s offices that took it,” an accompanying IJ video explains.

IJ’s report concludes that, “Short of ending civil forfeiture altogether, at least five reforms can increase protections for property owners and improve transparency.” Those five reforms are improvements, sure, but let’s end civil forfeiture completely.

It’s the principle!

Two principles, actually.

Civil forfeiture laws pretend law enforcement is taking action against our property, and that our property has no rights. But what about our property rights!

We’re innocent until proven guilty, too … and so is our stuff.

This is Common Sense. I’m Paul Jacob.

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Tags abuse, asset forfeiture, civil asset forfeiture, crime, feds, police, police abuse, property rights, theft

crime and punishment folly general freedom government transparency

Candid Camera

body cam, body cameras, justice reform, feds, federal agents, U.S. Marshals , police, Common Sense

Support for criminal justice reform, especially the common sense use of body cameras for police, marks a bright spot for the Obama Administration.

Or so I thought.

The president has called on local police to don the video devices. He has even offered $75 million of his own hard-earned money to help communities pay for the cameras. No, wait — turns out that $75M is not his personal stash but rather our tax money.

Oh, well. While I think local taxpayers should fund their own police forces, without federal subsidies, at least President O’s administration supports the right policy. No?

“The Justice Department is publicly urging local police departments to adopt body cameras, saying they are an important tool to improve transparency and trust …” reports The Wall Street Journal. “But privately, the department is telling some of its agents they cannot work with officers using such cameras as part of joint task forces …”

Weeks ago, the U.S. Marshals “announced that the agency wouldn’t allow any local law-enforcement officers wearing body cameras to serve on Marshals task forces.…”

I’m only surprised that I’m surprised. I should have known that while preaching to others to use body cameras, the Obama Administration would completely ignore camera use for federal police agencies. I shouldn’t be shocked that it even failed to establish rules for working with local and state police who might be required to wear cameras, at the administration’s urging.

It’s a very candid snapshot of the utter hypocrisy we’ve come to know and loathe from Washington.

This is Common Sense. I’m Paul Jacob.

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Tags body cam, body cameras, cameras, federal agents, feds, justice reform, police, police abuse, police brutality, U.S. Marshals

crime and punishment general freedom too much government

Why Police-State Tactics?

What do the War on Drugs, the War on Terror, and campaign finance law have in common?

Police-state tactics.

Most folks now understand how the War on Drugs and the War on Terror can erode civil liberties — but how does campaign finance law fit in with the other two?

My weekend Townhall column explains.

Several years ago, Wisconsin’s Republican Governor Scott Walker sought to tame public unions in his state, and against much opposition — quite a bit of it national — not only succeeded in changing law but beat back a recall vote as well.

So Democratic Milwaukee County District Attorney John Chisholm orchestrated a crack-down on conservative groups supportive of Walker’s reforms, complete with night-time SWAT-team raids on the homes of activists who were, they judged, “on the wrong side.”

The thin rationale was possible campaign finance violations, the idea that citizens and their organizations “coordinating” with the governor to advocate for public policies is somehow illegal.

The police state tactics were used because they were available. And obviously thought to be politically acceptable. That the courts have now ruled the means — indeed, the whole probe by prosecutors — unconstitutional doesn’t negate the terrifying fact that the state used such horrific methods to attack peaceful people.

Clearly, people in government have used understandable fears regarding drugs and terrorism to erode our liberties, even when the “crimes” they fight with such illiberal overkill have nothing — absolutely nothing — to do with drugs or terror.

Except the drug that is — and the terror wielded by — out-of-control government.

This is Common Sense. I’m Paul Jacob.

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