Post by borgr0 on Oct 31, 2024 19:22:18 GMT
It's not just ICE who do this either by the way
www.usatoday.com/story/news/nation/2024/08/18/civil-asset-forfeiture-explained/74802279007/
The police regularly engage in this against native born US citizens who have been here for generations
www.usatoday.com/story/news/nation/2024/08/18/civil-asset-forfeiture-explained/74802279007/
Law enforcement was able to take the money through a controversial practice called civil asset forfeiture. Advocates against the practice say it amounts to legalized government theft, at times from ordinary, innocent Americans.
Some government officials disagree, saying the power to seize cash, cars and even houses allows the government to cut off criminals’ resources and disincentivize crime, especially as it relates to drug trafficking.
It "helps law enforcement defund organized crime, take back ill-gotten gains, and prevent new crimes from being committed, and it weakens the criminals and the cartels," former Attorney General Jeff Sessions said when he expanded the practice in 2017.
Critics say it has become a booming source of profit for law enforcement, who in many states pocket most of the proceeds.
In 2020, police seized nearly $40,000 in cash from Jerry Johnson at the Phoenix airport, where he was traveling to buy a semitruck in cash for his shipping business. It took him 2½ years of battling the government to get the money back.
“Ordinary Americans who have done no wrong are at risk,” said University of Pennsylvania law professor Louis Rulli. “Just because you haven’t done anything wrong does not mean you’re safe from civil forfeiture, and it’s very costly and very difficult to fight the government.”
What is civil forfeiture? Why does it exist?
The concept behind civil forfeiture in the U.S. dates back to the founding of the American republic, when it was common for European-owned ships to engage in smuggling and customs violations. With the owners outside the jurisdictions of American courts, the seizing of property was a way for the U.S. government to enact their own penalties.
Its original intention has warped, and now instead of targeting large criminal networks, it’s often used against everyday citizens while netting billions in annual forfeitures, Rulli said. That includes everything from forfeitures in larger drug raids and smaller amounts taken from individuals at traffic stops.
In the 1970s and 80s, civil forfeiture shifted to become a tool for the war on drugs. In addition to drugs and drug-dealing paraphernalia, law enforcement began using civil forfeiture to seize cash and belongings from suspected drug criminals.
More:From pirates to kingpins, the strange legal history of civil forfeiture
Civil forfeiture laws vary by state, but in general, they allow for law enforcement to seize property or belongings that they believe may be involved in the commission of a crime. The owner of the assets need not be convicted, or even accused, of an actual crime.
Police commonly seize money, homes and cars, but they have also taken odd items like a tattoo gun, night vision goggles, and a washer and dryer set.
Some government officials disagree, saying the power to seize cash, cars and even houses allows the government to cut off criminals’ resources and disincentivize crime, especially as it relates to drug trafficking.
It "helps law enforcement defund organized crime, take back ill-gotten gains, and prevent new crimes from being committed, and it weakens the criminals and the cartels," former Attorney General Jeff Sessions said when he expanded the practice in 2017.
Critics say it has become a booming source of profit for law enforcement, who in many states pocket most of the proceeds.
In 2020, police seized nearly $40,000 in cash from Jerry Johnson at the Phoenix airport, where he was traveling to buy a semitruck in cash for his shipping business. It took him 2½ years of battling the government to get the money back.
“Ordinary Americans who have done no wrong are at risk,” said University of Pennsylvania law professor Louis Rulli. “Just because you haven’t done anything wrong does not mean you’re safe from civil forfeiture, and it’s very costly and very difficult to fight the government.”
What is civil forfeiture? Why does it exist?
The concept behind civil forfeiture in the U.S. dates back to the founding of the American republic, when it was common for European-owned ships to engage in smuggling and customs violations. With the owners outside the jurisdictions of American courts, the seizing of property was a way for the U.S. government to enact their own penalties.
Its original intention has warped, and now instead of targeting large criminal networks, it’s often used against everyday citizens while netting billions in annual forfeitures, Rulli said. That includes everything from forfeitures in larger drug raids and smaller amounts taken from individuals at traffic stops.
In the 1970s and 80s, civil forfeiture shifted to become a tool for the war on drugs. In addition to drugs and drug-dealing paraphernalia, law enforcement began using civil forfeiture to seize cash and belongings from suspected drug criminals.
More:From pirates to kingpins, the strange legal history of civil forfeiture
Civil forfeiture laws vary by state, but in general, they allow for law enforcement to seize property or belongings that they believe may be involved in the commission of a crime. The owner of the assets need not be convicted, or even accused, of an actual crime.
Police commonly seize money, homes and cars, but they have also taken odd items like a tattoo gun, night vision goggles, and a washer and dryer set.
The police regularly engage in this against native born US citizens who have been here for generations
