Tag: police

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Fifth Amendment rights Fourth Amendment rights national politics & policies

Time to Slap Grabby Hands

Civil Asset Forfeiture, theft, law enforcement, crime

Is the House of Representatives readying itself to do something to limit civil asset forfeiture initiated by federal agencies?

The legislation has emerged from the Judiciary Committee, so there is hope.

The Fifth Amendment Integrity Restoration Act (FAIR) would impose substantial limits on federal civil asset forfeiture — on the power of officers to grab someone’s cash or other belongings on the unsupported suspicion that it was involved in a crime.

Currently, this power to steal based on zero evidence and zero due process remains untrammeled. And forfeited funds thus grabbed can then be spent by the agencies that did the asset-grabbing. 

Victims must spend years in the courts to get their stuff back, if they ever do.

FAIR would require “clear and convincing evidence” of wrongdoing. It would also prohibit law-​enforcement agencies from being able to spend forfeited funds, eliminating a perverse incentive to rob people naïve enough to be carrying “too much” cash for whatever reason.

At National Review Online, Jill Jacobson says that the bill is “a step in the right direction” but doesn’t go far enough. Arguing on the premise of innocent until proven guilty, she insists “there is no reason why federal law enforcement should be seizing personal property from everyday citizens on tenuous suspicion.” 

Or even non-​tenuous suspicion, I would add, for not everyone strongly suspected of doing wrong can be proven to have done wrong. And citizens caught on the wrong end of a government official’s steely gaze should not be regarded as a public resource. 

The reform isn’t finished until civil asset forfeiture is abolished altogether.

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment property rights

Half-​Win for Forfeiture Victim

Civil Asset Forfeiture

In August 2020, Jerry Johnson made a mistake: he carried a large sum of money while flying from Charlotte to Phoenix to buy a semi truck for his business. Police grabbed the cash when he arrived in Phoenix.

Mr. Johnson had decided to use cash to avoid certain fees and on the assumption that traveling with cash is legal.

Perhaps it is legal according to mere law. But police often grab any large amount of cash they see someone carrying. They accuse the naïve owners of drug-​running and care nothing about actual evidence.

Threatened with jail when interrogated, Johnson signed a form that, he later understood, stated that the $39,500 was not his. The government kept the cash until he could wrest it back in court.

This, you may remember, is par for the course for civil asset forfeiture in America, where government agents behave like highway robbers.

But in this case — this course — the story didn’t end well for the robbers, for Jerry Johnson has gotten back his money. 

But he has not been made whole. As Land Line points out, in addition to all the time and trouble, there were the legal expenses that Johnson incurred before he obtained the help of Institute for Justice. 

And Johnson also lost business revenue: “There were a lot of business opportunities I’ve missed out on because that money was just sitting in a government account.”

Thankfully, the story is not over, yet, for there are organizations like Pacific Law Foundation and Institute for Justice to help victims of government predation at no charge. In this case, it was Institute for Justice that represented the victim in court.

IJ will continue the case to press for compensation.

This is Common Sense. I’m Paul Jacob.

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Houck Off the Hook

police raid, church, faith

A jury has acquitted anti-​abortion activist Mark Houck of ridiculous federal charges. 

Houck had admitted to pushing a pro-​abortion activist (and volunteer abortion clinic security personnel) who, charges Houck, had been verbally harassing his 12-​year-​old son. The incident occurred outside of a Philadelphia abortion clinic in October 2021.

Local police looked into the scuffle and decided that there was nothing there.

But in September 2022 — almost a year later — the Biden-​Merrick Justice Department galumphingly arrested Mr. Houck for violating the Freedom of Access to Clinics Entrances Act as if he’d been acting to stop someone from entering the clinic.

To arrest him, the agency sent a crew of J. Edgars to raid Houck’s home, gratuitously traumatizing his family, even though he had been ready to voluntarily surrender himself.

Peter Breen, head of litigation at the Catholic Thomas More Society, a public-​interest law firm that represents Houck, said that the charges “allege that Mark Houck interfered with a so-​called volunteer abortion patient escort when in reality, Houck had a one-​off altercation with a man who harassed Houck’s minor son, approximately 100 feet from the abortion business and across the street.”

Breen believes that the case was brought “solely to intimidate people of faith and pro-​life Americans. Why in the world would you send this phalanx of officers heavily armed to this family’s home, violate the sanctity of their home, frighten their children … other than just to send a message?”

Sadly, he’s exactly right.

At least it’s over. 

For now. 

At least for Mark Houck.

This is Common Sense. I’m Paul Jacob.

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crime and punishment ideological culture media and media people

Police Supremacy

police brutality race

The homicidal beating of Tyre Nichols by five cops made the news, the reels and the opinion columns, quickly and “bigly.” You know that the first reaction was to cry Racism!, and that then, after it came out that the policemen charged with his murder were all black … it was still Racism! 

You might have laughed. If bitterly.

Van Jones’s headline seems, on the face of it, ridiculous: “The police who killed Tyre Nichols were Black. But they might still have been driven by racism” (January 27, 2023).

Yet, the actual arguments aren’t completely absurd.

Just the big picture is.

Today, we’ve been given a new set of definitions. Racism is no longer prejudiced discrimination against individuals based on antipathy against a hated group, now it’s “prejudice plus power,” and … somehow the new anti-​racists don’t realize that power isn’t just about race.

It wasn’t likely internalized hatred for blacks that these black policemen exhibited. Far more likely it was exasperation and contempt for a man who wouldn’t submit to their control.

Police have a job, and are given a lot of license and leeway to take away our liberty after a suspected crime. Tyre Nichols did not readily submit to an arrest for reckless driving, but bolted, running away. When the cops caught up with him, they gave him a beating. Was it because he was black? Not likely, or at least not primarily. It was most likely because he wouldn’t obey.

This old police attitude is more understandable than racism, no?

But “understandable” isn’t excuse. 

We can meaningfully talk about reforms — such as getting rid of qualified immunity — but first, let’s stop calling it racism and “white supremacy.” The issue is cop supremacy, and it’s not really a mystery.

This is Common Sense. I’m Paul Jacob.

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crime and punishment general freedom Second Amendment rights

Concealed Carry and the Careful Criminal

prison, TLC, 2nd Amendment

Crime is the most basic of problems. But across the political spectrum we see different strategies. 

On the right, the go-​to solution has always been to ramp up policing, to make the basic function of the state — crime-​fighting — stronger and more effective. 

On the left, a leading idea has been to disarm the populace so people cannot do as much harm, and also to “rehabilitate” troubled folks with government TLC.

I grew up in the ’70s, when the failures of benevolent leftism (which we called “liberalism”) were becoming clear. So there was a reaction: Lock more people up.

That reaction fizzled in recent years, and, perhaps not wholly coincidentally, crime on a city-​by-​city case, as well as nationally, has increased. 

Nevertheless, during this period another policy has gained a huge momentum: instead of disarming the populace, arm them!

How’s that going? The most recent case study is in Maine, which in 2015 allowed permit-​less concealed carry of firearms.

“While rates of violent crime increased nationally from 2015 to 2020,” writes Steve Robinson in “Maine Crime Fell Following 2015 Repeal of Gun Control Law” (MaineWire, December 29, 2022), “the rate of violent crime in Maine fell steadily beginning in 2015, after a slight increase from 2014 to 2015, according to data collected by the FBI’s Uniform Crime Reporting Program.”

Robinson notes that while the Maine experience doesn’t prove that “an armed society is a polite society,” it falsifies, quite clearly, the catastrophic predictions made by gun control advocates back in 2015.

I hazard it does much more. It shows that distributed power (in this case, firepower and defensive capacity) in the peaceful population is a separate, non-​left/​non-​right solution to the age-​old problem of crime.

This is Common Sense. I’m Paul Jacob.

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Fifth Amendment rights Fourth Amendment rights international affairs

The Chinazis Next Door

China, spies, police, Canada, USA, America

The Russians Are Coming! The Russians Are Coming!

This 1966 comedy about the accidental grounding of a Soviet submarine off the coast of New England was nominated for four Academy Awards and captured the Golden Globe Award for best motion picture.

But a remake exclaiming “The Chinese Are Coming!” would be old hat: They’re already here. 

“The People’s Republic of China has opened at least three police stations on Canadian soil as part of an alleged attempt by the country’s security state to keep an eye on the Chinese-​Canadian diaspora,” The National Post informed last month.

“Canada-​based dissidents of the Beijing government have long warned Canadian authorities that they face organized harassment from Chinese authorities,” The Post added.

A new report by Safeguard Defenders, a Spain-​based foundation working for human rights in Asia, reveals there are now 54 of these Chinese “service stations” in 30 countries … including one in New York City.

The organization warns of “China’s growing global transnational repression,” explaining that in the last year 230,000 expats were “persuaded to return” to China but “these returns are often obtained by visiting extreme sanctions on the families of those targeted, such as asset seizures and prohibition from seeking government health care or education.”

In another recent report noted by The Globe and Mail, “the United Nations human-​rights office said it found ‘patterns of intimidations, threats and reprisals’ against Uyghurs and other Chinese nationals living overseas who had spoken out against Beijing.”

Just last week, “El Correo published direct corroboration from Chinese authorities” of “illegal policing operations” with an anonymous Chinese official telling the Spanish paper, “The bilateral treaties are very cumbersome, and Europe is reluctant to extradite to China. I don’t see what is wrong with pressuring criminals to face justice.…”

The message to Chinese dissidents is clear: “You’re not safe anywhere.”

Are we?

This is Common Sense. I’m Paul Jacob.

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