Author Topic: Can you see the obvious? "Potential law stops...seizure of property"  (Read 843 times)

0 Members and 1 Guest are viewing this topic.

Offline Libertas

  • Conservative Superhero
  • *****
  • Posts: 64068
  • Alea iacta est! Libertatem aut mori!
http://www.capoliticalreview.com/top-stories/potential-law-stops-law-enforcement-from-seizing-property-without-conviction-nearing-return/

Awesome.  Potential law...

All is well, stop the law-making, a potential law has saved the day!
   ::whoohoo::

 ::facepalm::

From the article -

Lawmakers and civil-liberty groups are ratcheting up public support for a bill that closes a loophole allowing local law enforcement agencies to seize citizens’ property without a criminal conviction — a practice dubbed “policing for profit.”
Current California law already bars the practice of seizing property without a conviction for assets valued at under $25,000 and requires “clear and convincing evidence” of a connection to a crime for assets exceeding $25,000 in value.
Law enforcement can get around that if the seizure is done in coordination with federal law enforcement and 20 percent of the proceeds are kicked up to the federal government — yet often there’s not even an arrest because federal law doesn’t require it. Instead there’s just a suspicion that the property, not necessarily the person, is attached to some criminal activity.
People often get their property back, but after considerable time and hassle. Or sometimes they don’t. So the bill, sponsored by Sen. Holly Mitchell, D-Los Angeles, and Asm. David Hadley, R-Torrance, would close that loophole and require a conviction for seizure of assets of any amount. Proponents like Mitchell and others say the practice often violates the Fourth and Fifth Amendments.  (No shat Sherlock's?!)
“Our country and our state’s constitutions aim to protect the citizenry and this is a classic example of that,” Mitchell told CalWatchdog in an interview. “If folks love to promote the right to bear arms, I say we have the right to our own private property not being seized by law enforcement, (especially) when not even being charged with a crime.”  (Oops, crap...there ya go, you just gave them their next "out", all they need is a charge and yee haa, back in business baby!  Charges dropped, sorry MFer, yo chit be gone!)

 ::outrage::

Congress/Legislature\Bureaucrat\Executive Shall Not!!!!!!!!!!!!

We are now where The Founders were when they faced despotism.

Offline Glock32

  • Conservative Superhero
  • *****
  • Posts: 8747
  • Get some!
Re: Can you see the obvious? "Potential law stops...seizure of property"
« Reply #1 on: April 18, 2016, 10:20:23 AM »
See, that's one of the things wrong with this perversion of a constitutional republic.  You have efforts at remedy, laws like this one, but here's the thing: we already have a nifty protection against the state seizing your property and effects.  In fact, the state's tendency to do that was so fresh in our Founders' minds they made prohibition of it one of the first items in their new Constitution.

Passing laws that in essence repeat what is already in the Constitution do freedom a disservice, because they implicitly cast an air of legitimacy over the state's behavior up until that point.  It should not be the case that "after this law is passed the state cannot do this" but rather "the state has always been prohibited from doing this and past breaches must be adjudicated"
"The Fourth Estate is less honorable than the First Profession."

- Yours Truly