AG bans local police asset confiscation

[Sam1]

Not sure why this hasn't been circulating pretty heavily, this was well-needed.  Cops can't stop you on the road and take your cash from you 'just because' and keep it.

 

http://www.buzzfeed.com/nicolasmedinamora/us-attorney-general-bans-local-police-from-seizing-assets-un#.ei8qqY3p9

 

The part I don't like is that they are still going to allow it for 4 categories including firearms and ammunition...

[Mark A]

You mean they can't use Federal law to confiscate it. Nothing about that prevents a department from using state laws to justify it.

 

I'm going to bet TN has a law that states that they can do that but who knows... I would love to be wrong.

[Garufa]

Holder has finally done something right.

[JayC]

Broken clock is right twice a day, about time Holder did something right...

[DaveTN]

Local police departments can still seize assets under stats laws.

It’s Tennessee LEO’s that are doing it here. They shouldn’t need the Feds to tell them its wrong; the Tennessee legislature needs to follow suit and ban the practice. Edited January 16, 2015 by DaveTN

[Grand Torino]

It’s Tennessee LEO’s that are doing it here. They shouldn’t need the Feds to tell them its wrong; the Tennessee legislature needs to follow suit and ban the practice.

Nailed it. :up:

[Sam1]

It’s Tennessee LEO’s that are doing it here. They shouldn’t need the Feds to tell them its wrong; the Tennessee legislature needs to follow suit and ban the practice.

 

I thought they were doing it under the authority of the federal law though.  Is there a state law that allows them to confiscate/steal people's money?

[DaveTN]

I thought they were doing it under the authority of the federal law though.  Is there a state law that allows them to confiscate/steal people's money?

They can confiscate anything they want if they are investigating a crime. The problem comes into play when they are asked to explain any RAS or PC that a crime was or is being committed.

This is a black eye for law enforcement and as I said here before; you can lay this right at the feet of the Police Chiefs and Sheriffs that participate in it. Good cops don’t do this and good department heads don’t allow it.

[vontar]

 

Local police departments can still seize assets under stats laws.

 

 

hmm.

 

In short, Innocent until proven guilty.  Not my place to prove how I got it, they can't prove I got it illegally.

5th amendment. 

 

 

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

[Sam1]

They can confiscate anything they want if they are investigating a crime. The problem comes into play when they are asked to explain any RAS or PC that a crime was or is being committed.

This is a black eye for law enforcement and as I said here before; you can lay this right at the feet of the Police Chiefs and Sheriffs that participate in it. Good cops don’t do this and good department heads don’t allow it.

 

The problem is that if you get pulled over for a speeding ticket or whatever, one of the first questions out of the cop's mouth should not be "do you have any large amounts of cash in the car?"  They don't ask, "do you have any kidnapped people in the trunk?" or "are you in possession of a nuclear device?".  They ask about money because they want to take it, ie that for profit "drug task force" group that sits out on the west side of Nashville on the interstate only stopping vehicles of a certain type, never running radar or laser to clock them, just pulling them over in hopes that they find something.

 

Obviously I'm not grouping all cops into this policing for profit label, but since that federal policy came out, it started happening on a regular basis and really f'd up some peoples' lives that legitimately earned that money.  There's no law against me driving down the road with $250,000 in cash and $500,000 in gold coins, but if I was stopped for not using a turn signal, rest assured they would try to take and keep every penny of it... because they have been allowed to

[Mike.357]

that innocent until proven guilty is a fallacy.  Nice in theory.

[bersaguy]

That Policing for Profit scam has been exposed by News channel 5 Investigates a couple times and broadcasted it several times. Where the people that get pulled over make their mistake is when they tell the officers it is ok to search their vehicle. My son lives in Kingston Springs and works there also. He was test driving a Black Pickup truck with Texas tags on it that he had repaired and and was test driving it when they stopped him. They got in his face really quick about it not being his vehicle and he showed them his ASE certification showing he was a mechanic and showed them the repair bill laying on the seat. They asked him if they could search the vehicle. He said 'No, not without a warrant and the owner of the vehicle present. The two LEO's walked away and came back a couple minutes later, gave him his license and other stuff back and sent him on his way. They stopped him one other time in his own vehicle and he told them the same thing. Get a warrant or turn me loose and they turned him loose again. They really don't want to mess with local folks. Just out of state people that won't tell them to pound sand and get a warrant............jmho