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NEWS AND VIEWS THAT IMPACT LIMITED CONSTITUTIONAL GOVERNMENT

"There is danger from all men. The only maxim of a free government ought to be to trust no man living with
power to endanger the public liberty." - - - - John Adams

Tuesday, June 10, 2014

Police steal private property - You are guilty until proven innocent























"We've come for your property."
  • What can Americans do when the liar politicians authorize the police to steal your private property without a trial and spend that money on themselves?


Notes from the Police State  -  Texas law enforcement are continuing to enrich themselves using a little-known legal doctrine known as civil forfeiture, according to a new series of investigative reports. Under civil forfeiture, property can be forfeited even if its owner has never been charged with a crime.

In these proceedings, accused criminals have more rights than innocent owners and the government sues the property, not its owner. These cases can be so baffling, one Texas Supreme Court Justice recently compared civil forfeiture to Alice in Wonderland and the works of Franz Kafka. But civil forfeiture isn’t just a quirky curiosity—it’s a powerful incentive for law enforcement to take millions.

Last month, the Fort Worth Star-Telegram reported that the District Attorney’s Office in Tarrant County, Texas seized $3.5 million, plus almost 250 cars and 440 computers in fiscal year 2013, roughly equal to about 10 percent of its budget reports Forbes.


Of the property seized, almost $845,000 was spent on salaries for 16 employees at the office. By comparison, only $53,000 went to “six nonprofits that benefit victims or prosecution efforts.” The county’s narcotics unit spent an even greater proportion of forfeiture funds on salaries. Last year, the unit seized $666,427 in cash and used $426,058 to pay salaries.

Even more property was forfeited by participating in a federal program known as “equitable sharing.” By partnering with a federal agency, local and state law enforcement can keep up to 80 percent of the proceeds from a forfeited property. Incredibly, police can collaborate even if doing so would circumvent their own states’ protections for property owners.

Equitable sharing doled out almost $60,000 to the Arlington Police Department and nearly $400,000 to the Dallas/Fort Worth Airport Department of Public Safety in 2013. A joint task force composed of the Tarrant County DA’s Office and the DEA received almost $2.9 million, one of the highest bounties in the state.

Equitable sharing doled out almost $60,000 to the Arlington Police Department and nearly $400,000 to the Dallas/Fort Worth Airport Department of Public Safety in 2013. A joint task force composed of the Tarrant County DA’s Office and the DEA received almost $2.9 million, one of the highest bounties in the state.

In Texas, law enforcement can keep up to 90 percent of the proceeds from forfeited property. That clearly affects police priorities and provides an incentive to pursue cases rich in assets.

Civil forfeiture creates a “perverse incentive” and “skews law enforcement priorities,” noted Allen St. Pierre, the executive director of the National Organization for the Reform of Marijuana Laws (NORML). “It’s one of the worst stepchildren of the war on some drugs.”


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