Ending Forfeiture Abuse: How States Can Be Tough on Crime and Respect Property Rights

Civil asset forfeiture is one of the greatest threats to private property rights in our nation today. Law enforcement can take your property without even charging you with a crime. 

According to reports from the Institute for Justice, law enforcement agencies frequently fail to disclose what they seize or how they use the proceeds. Failure to report only makes this already bad problem worse. 

State legislatures must enact comprehensive forfeiture reform to protect private property by (1) requiring that individuals be convicted of a crime before title to their property is transferred to the state, (2) ensuring that forfeiture proceeds do not become a slush fund for law enforcement, and (3) protecting innocent owners by shifting the burden to prosecutors to prove that a third-party did not consent or have actual knowledge about a crime before he loses his property. 


Police and prosecutors should be chasing criminals, not profits, but allowing the law enforcement to keep the proceeds of forfeited property gives them a direct financial incentive to abuse their power. Fair and impartial law enforcement cannot exist as long as policing for profit is allowed.

Going to court to get your property back is no simple task. The state forces you to enter an upside down legal world where you must prove your property is innocent instead of requiring the government to prove you are guilty of a crime. 

The legal process is so rigged that even an innocent owner needs a lawyer and must wait months for a hearing to get back seized property. The laws need to be changed to protect property owners who are wrongly dragged into the forfeiture process through no fault of their own.

 

Let us not insult the free and gallant citizens of America with the suspicion, that they would be less able to defend the rights of which they would be in actual possession, than the debased subjects of arbitrary power would be to rescue theirs from the hands of their oppressors. — James Madison - Federalist Papers #46 - The Influence of the State and Federal Governments Compared, New York Packet. January 29, 1788
One needs the 2nd Amendment to justify a right to bear arms much like one needs a birth certificate to justify a right to live. Sha

I think libertarianism should secede to be its own political party.

thinksquad:

libertarians-and-stoya:

mutualismkills:

meh-i-dont-even-know:

socialistexan:

this-is-our-time-for-revolution:

So 3 choices during elections

I’m sorry but Constitutionalists/constitutionalism are the worst. I mean, come on, thinking that people’s rights are derived from a piece of paper hundred of years old - a bigoted and unjust one at that.

wait I thought you didn’t agree with natural rights

THINKSQUAD: The US Constitution is just a piece of paper to control the government. The US Code, is the government’s way to control you, and everything you do.The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives. The current edition of the code was published in 2006, and according to the US Government Printing Office, is over 200,000 pages long. http://uscode.house.gov/

…”I mean, come on, thinking that people’s rights are derived from a piece of paper hundred of years old”…

I won’t even talk about how foolish this whole thing is but to think that the Constitution is where people’s rights are derived from… Laughable at best, almost embarrassing for the OP. 

The Constitution doesn’t grant us rights, it defines what our natural rights are. It puts abstract concepts to paper and then limits our gov’t and protects our natural rights from being infringed upon by that same government. 

The Constitution doesn’t have magical powers and it doesn’t have an ability to do a thing. It’s simply a statement or deceleration of our understanding of what our rights are and how we would like to limit the powers of those who we elect from curtailing our access to those rights, liberties and freedom. 

Know Your Rights: A citizen’s guide to dealing with police.

thevocalibertarian:

What to do and what not to do when you are pulled over:

If you are stopped by the police:

YOUR RIGHTS:

- You have the right to remain silent. If you wish to exercise that right, say so out loud.

- You have the right to refuse to consent to a search of yourself, your car or your home.

- If you are not under arrest, you have the right to calmly leave.

- You have the right to a lawyer if you are arrested. Ask for one immediately.

- Regardless of your immigration or citizenship status, you have Constitutional rights. Use them.

YOUR RESPONSIBILITIES:

- Do stay calm, and be as polite and respectful as possible.

- Do not interfere with or obstruct the police in any way (this could get you arrested or result in jail time).

- Do not lie or give false documents.

- Do prepare yourself and your family in case you are arrested.

- Do remember the details of the encounter, the more the better.

- Do file a written complaint or call your local ACLU if you feel your rights have been violated. You can also ask to speak to the officer’s on-duty supervisor.

IF YOU ARE STOPPED FOR QUESTIONING:

- Stay calm.

- Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why. You have the right to remain silent and cannot be punished for refusing to answer questions.

- If you wish to remain silent, tell the officer out loud. In some states, you must give your name if asked to identify yourself. Be sure to check your state and county laws in order to find out what you can and cannot do in that regard.

- You do not have to consent to a search of yourself or your belongings, but police may “pat down” your clothing if they suspect a weapon. You should not physically resist or respond in a hostile manner, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court.

IF YOU ARE STOPPED IN YOUR CAR:

- Turn off the car, turn on the internal light, open just far enough to speak with the officer and place your hands on the steering wheel in clear view.

- Stop the car in a safe place as quickly as possible.

- Upon request, show police your driver’s license, registration and proof of insurance. If you have to reach into your glove box and the officer is clearly either agitated or suspicious, declare what you are going to do before you do it in order to make them more comfortable and make it clear you are not reaching for a weapon.

- If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. However, if the police believe that your car has evidence of a crime inside of it, your vehicle can (and likely will) be searched without your consent.

- Both drivers and passengers have the right to remain silent. Do not be intimidated by typical police tactics such as saying, “If you have nothing to hide, why won’t you talk with us?” or “Not talking makes you look guilty.”

MAKE SURE YOU WRITE DOWN THE FOLLOWING:

- Time and place of traffic stop

- The officer’s name and/or badge number

- The officer’s car number

- The events that transpired, again you will not regret including as many details as possible as this could very well save you in court.

Above all, if you are not hostile and antagonistic towards officers, chances are they will treat you with respect. Unfortunately, that is obviously not the case with all officers, or else we wouldn’t constantly be covering incidents of police brutality and misconduct. However, you can’t hurt yourself by treating an officer with respect while very little good can come from treating an officer poorly when you are pulled over, questioned, or arrested.

Important. 

(via thefreelioness)