Drugs & US Law Enforcement (2006-2017)

[gute]

Taken: Under civil forfeiture, Americans who haven’t been charged with wrongdoing can be stripped of their cash, cars, and even homes - Is that all we’re losing?, by Sarah Stillman. The New Yorker, August 12, 2013.

A long, but important – if not infuriating – article on civil asset forfeiture. Asset forfeiture has gone from being an important law enforcement tool to an important revenue stream for law enforcement.

There are many extreme cases in the article - outright abuse, but in my experience civil forfeiture works - especially with airport interdiction where you get people transporting thousands of dollars for no apparent reason. Not to sound like an a-hole, but it's all about the money & stuff and when you take it away it hurts the bad guys. Criminally indicting assets does gum up the works, but it's the price of doing business. I believe in the Constitiution and our rights and hope that I have not violated someone's rights while enforcing federal drug laws - I would be disappointed in myself.

[Steve Blair]

I think the point here is more one of it being possibly a proper technique when used correctly, but also being aware that it is open to abuse and there need to be ways to deal with that abuse. Airport interdiction isn't the same as pulling someone over for being in the left lane for over ten seconds and then taking everything they own. The PBS NewsHour had an interview with the article's author last night and it was interesting, although not in the same detail as the article.

[gute]

I think the point here is more one of it being possibly a proper technique when used correctly, but also being aware that it is open to abuse and there need to be ways to deal with that abuse. Airport interdiction isn't the same as pulling someone over for being in the left lane for over ten seconds and then taking everything they own. The PBS NewsHour had an interview with the article's author last night and it was interesting, although not in the same detail as the article.

Is the point proper technique or civil forfeiture is bad? I'm not defending the egregious seizures written about in the article. I can't imagine a cop telling a couple you can keep your kids if you abandoned your money. IMO very extreme cases and I would venture that not all quoted in the article were telling the truth. Airport interdiction (not customs searches, but consensual encounters, walk & talks) pulling someone over are not much different. Instead of using a vehicle one utilizes their person, asks for consent to search their property, but pc is required for the seizure. The ten seconds in the left lane is a little ticky tack.