Law allows police to seize and sell cars of non-lawbreakers, keeping proceeds
kstp.com
kstp.com
> ...
> Troopers seized Dietrich's car under Minnesota's forfeiture law that has allowed police agencies across the state to take close to 14,000 vehicles, generating nearly $10 million for those departments in just three years, according to a review of statewide data by 5 INVESTIGATES.
How can any patriotic American read something like this and not at least start to wonder what happened to this country?
The system of "checks and balances" that we're taught (maybe not anymore) has clearly failed here and in hundreds if not thousands of other cases, ranging from ravenous petty theft of private property owned by people charged with no crime:
https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United...
to secret courts and clear violations of the constitution:
https://www.npr.org/2019/12/22/790281142/scathing-report-put...
This is not what freedom looks like. It resembles another system, though. One that gets trotted out pretty regularly to smear political candidates and organization that try to effect change.
The checks and balances work when there are people actually on the other side of the scale.
The US constitution was not designed for political parties. If it it was you might see things mostly the same except the house was elected based on national vote for proportional representation. https://en.wikipedia.org/wiki/Proportional_representation Which would result in more fluid party representation.
A quick check with Congress shows various bills introduced to address excesses :
https://www.govtrack.us/congress/bills/113/hr5212 Tim Walberg Sponsor. Representative for Michigan's 7th congressional district. Republican.
https://www.congress.gov/bill/116th-congress/house-bill/1219... Sponsor: Rep. Collins, Doug [R-GA-9] (Introduced 02/14/2019)
To be honest, I'd almost prefer a neutral organization specialized in facilitating any political campaign to the System of Political parties we have now. If I have to hear "You have to vote Republican or Democrat or it's a wasted vote," again from people cavetching about the state of the political climate and situation in the U.S., and I may not continue to be so adept at not lashing back with a sharp-tongued response.
Until the Establishment on both major political parties come to terms with the fact that both of them can lose there will be no fundamental change in direction of politics.
I don't even count the pathetic excuse for statesmanship we're currently experiencing, because those are mainly differences in amplitude of already established patterns and tendencies rather than an appreciable shift in Qualitative policymaking.
In my experience, people who are willing to be honest, precise, and consistent in their terminology tend to have more reasonable and productive debates. They can often agree on many things with the people who are supposed to be their enemies and the disagreements are more understandable. Notably, most Americans probably agree that this law is heinously unjust.
EDIT: People are fixating on the example and assuming that crime rate disparities are manufactured or a result of law-enforcement bias, but that doesn't hold up to the criminology literature, which controls for LEO bias in a number of ways, including by comparing data sources against victim surveys. So while it's fair to argue that criminologists are failing to account for something, we're not talking about ignorant people making stupid extrapolations. If we're going to go off-topic, then let's at least make it a productive, enlightening digression.
Being honest, precise, and consistent in your terminology isn't too helpful if you choose to ignore american history.
'Systemic' racism is the appropriate term because it must be understood as a whole for the parts to make sense. Your misunderstanding kinda illustrates this. Cause really the remedy for police killings and for high "crime rates" among "blacks" are in fact the same, and relate to the manner and amount of policing.
This is why homicide rates are useful. For most cases, it is pretty obvious a crime of some sort occurred.
This is a complicated issue with many interwoven contributing factors. There's no one magic figure you can point to that explains or disproves everything.
No, it doesn't.
> This is why homicide rates are useful. For most cases, it is pretty obvious a crime of some sort occurred.
Tldr; homicide conviction rates are subject to other artifacts and can't support either side very well without additional data.
Law enforcement is discretionary not just in deciding what counts as a crime but in who they decide to investigate and other tactics employed. Not that this hugely affects any relative statistics, but the murder false imprisonment rate is estimated at 4-11%, and false imprisonment (as far as we can tell from subsequent DNA exhoneration and whatnot -- this might not be representative of all murders) disproportionately affects black people. Not that this necessarily says anything about broad crime racial statistics, but it could throw any direct comparisons off.
More importantly though, 30-40% of murders go unsolved, and it's probably not reasonable to assume that distribution to reflect the distribution of successfully convicted murders (if for no other reason than the race<->income correlation). That's such a huge monkey wrench in any comparative statistics that murder conviction rates without any additional information don't strongly support either side of things.
> this violent crime rate disparity exists even when controlling for SES
That's exactly the kind of additional data I was asking for. I just didn't think murder conviction rates by themselves were sufficient evidence to support the claims they were being thrown against.
> Criminologists consider homicides to be reliable because it's difficult for police to ignore homicides.
That side-steps my point a bit doesn't it (in hindsight I should have been more clear)? Being difficult to ignore makes homicides generally reliable for some kinds of comparisons (e.g. comparing violent crime between countries), but that reliability doesn't transfer well. E.g., when a plausible suspect is thrown in jail the spotlight is removed from everyone involved. I gave specific examples where despite a high reliability in overall murder rates, piggybacking on that reliability to lend credibility to the racial distribution of conviction rates isn't justified (without additional information). The rest of your comment notwithstanding (I did appreciate it and do generally agree with you), rebutting by reaffirming points I already agree with and pulling in criminologists as experts in the vaguest way possible isn't satisfactory.
> Note again that virtually no one is arguing that blacks are inherently criminal, but that these disparities are a vestige of centuries of severe institutional racism--it would be shocking if no disparities remained only 60 years after the formal end of Jim Crow.
No argument here. I tend to agree with the claim, but the evidence (based on murder conviction rates) was suspect.
First of all, it was only an example for how "systemic" can be used as a weasel word. That said, the higher crime rate for black Americans is well-documented--it shows up not only in law enforcement reporting but also in victim reports (note that the majority of victims who report a black offender are themselves black), media reports, and homicide statistics (these are regarded as highly reliable because it's frequently easy to tell that a crime has occurred).
> Criminalizing blackness and then calling 'blacks' criminals was literally and explicitly part of the plan.
As I alluded to in the previous paragraph, we can (and criminologists go to great lengths to) control for this by taking into account non-law-enforcement sources, especially sources who are least likely to be racially biased.
> Being honest, precise, and consistent in your terminology isn't too helpful if you choose to ignore american history.
History isn't ignored in the claim, "Racial disparities in police killings largely reflect disparate crime rates which are likely the effect of centuries of slavery and institutional racism". This is the moderate position. But again, this was all an example to illustrate how "systemic" is used as a weasel word; I'm not trying to veer off-topic into a race debate (although I'm perfectly happy to talk about it when it's on-topic).
> 'Systemic' racism is the appropriate term because it must be understood as a whole for the parts to make sense.
It's may be an appropriate term, but it's ambiguous and weasels regularly take advantage of that ambiguity. This undermines its utility.
> Your misunderstanding kinda illustrates this. Cause really the remedy for police killings and for high "crime rates" among "blacks" are in fact the same, and relate to the manner and amount of policing.
Big [citation needed] that current police practices principally drive crime rate disparities and not the prior centuries of institutional racism and slavery. No doubt that current practices play a role, but that they are a primary driver beggars belief. Note that 80% of blacks don't want less policing (only better policing): https://news.gallup.com/poll/316571/black-americans-police-r....
> Forgive my paranoia in these troubled times but could you be a paid shill come to waste our energy?
Alas, I'm not a critical theorist.
It's then easy for (ignorant) people to point at those numbers and say look, 80% of the time when police search someone for drugs and find them, it's a black person, so obviously black people are more likely to have drugs on them so we should search them more.
It's like a higher-level version of being arrested for resisting arrest (by asking "what are you arresting me for?")
> For years, police records have shown that black drivers tend to be less likely than white drivers to turn up with guns or drugs when searched at traffic stops. At the same time, black drivers are three times more likely than white drivers to be subjected to these searches, according to a 2013 federal survey.
https://www.nytimes.com/2015/10/25/us/racial-disparity-traff...
> Here in North Carolina’s third-largest city, officers pulled over African-American drivers for traffic violations at a rate far out of proportion with their share of the local driving population. They used their discretion to search black drivers or their cars more than twice as often as white motorists — even though they found drugs and weapons significantly more often when the driver was white.
> Officers were more likely to stop black drivers for no discernible reason. And they were more likely to use force if the driver was black, even when they did not encounter physical resistance.
The point is that you're measuring after a selection effect, and measurements after a selection effect are worthless. Imagine comparing income between racial groups, but only surveying people buying sports cars - it's just not useful.
White people are more likely to have drugs when searched for drugs because police are less likely to search white people for drugs for reasons other than having real reason to think that they have drugs.
They may also be more likely to have drugs because they are less likely to be searched out of the blue, but the difference simply due to blacks being subject to more harassment searches is probably the bigger factor.
The way you have worded your comment implies that those who use the term are doing so to weasle out of honest debate, and I think this is a very uncharitable characterization. Furthermore, the dialogue you've used to exemplify the debate does not seem to honestly reflect what any reasonable expert would actually say. At best, it's what a person might say if they were poorly informed and had an incomplete understanding of systemic racism.
Really, this makes me question whether you are being honest with yourself about your own understanding of systemic racism, and the body of work upon which we draw when discussing the topic. I feel that if you had a more accurate understanding, your response to the parent comment would be quite different in its priorities, so I would highly recommend you reflect on this, and perhaps read a bit more deeply on the subject.
* "Everyone who uses this term is arguing in bad faith"
* "Many people who use this term are using it in bad faith"
My claim was the former. No doubt many people use it in a precise sense, take care to define it well, and don't move semantic goalposts. But many do, and this is (in my opinion) a big reason why the debate around the term is so low-quality.
> Really, this makes me question whether you are being honest with yourself about your own understanding of systemic racism, and the body of work upon which we draw when discussing the topic.
How can I be "dishonest with myself about my understanding of 'systemic racism'" when I don't know what the claimant means by 'systemic racism'? What about asking someone to define their terms connotes disearnesty?
But why focus on these low quality discussions in the first place? Don't they exist for nearly any topic? Are they really the highest priority when trying to have a constructive discussion?
This was the main point of my comment, to point out that your reply focused on the existence of low quality discussions, and in turn does more to perpetuate the idea that "systemic racism" is not well defined nor well founded in general, than it does to contribute to better understanding. Rapind's reply also points this out, that very low quality arguments are similar to strawman arguments, and even if it wasn't your intention, solely focusing on them can actually hinder the discussion.
If you acknowledge that better definitions of "systemic racism" exist, but you omit them and focus on poor definitions instead, you are contributing to the low quality of the debate yourself.
In regards to being honest with oneself, I mean being aware of your own understanding and it's limitations. How would you describe the depth of your understanding on this topic? Do you have resources you can share with others so they can better understand what you mean when you discuss systemic racism? Perhaps you can recommend a favorite book or specific author that you think covers the topic comprehensively and in good faith? Do you feel like you know what an expert means when they're using the term, as well as the common misconceptions faced by non-experts? Are you asking yourself these questions before you ask them of others?
I think you meant 'the latter'. Former is the first, latter is the last.
It's like a strawman that's been brought to life for opposition to a belief it had previously been used in. The term may then lose meaning once everyone on twitter starts debating it under it's new flawed definition. Basically a way to dismiss something uncomfortable by subverting it's meaning. A good example would be "Social Just Warrior" https://en.wikipedia.org/wiki/Social_justice_warrior.
What GP is doing is feeding the strawman (I doubt intentionally) which may have the effect of reducing real evidence and support into subjective nonsense in the mainstream context. The worst part is that it sort of feeds itself. GP might very well be correct in that the term is being misused blatantly in some contexts.
4d chess.
As you said, I doubt it was intentional, but GP's comment stuck out to me because it was in response to a rather innocuous statement of disbelief. I would liken it to witnessing the following exchange:
> A newly released climate change report from ExxonMobil has sparked controversy ...
>> It boggles my mind that there’s any debate about whether there's climate change when we literally have studies from fossil fuel companies detailing the evidence and predicting its future impact.
>>> In fairness, "change" is not well defined, and is routinely misused. For example, if we're talking about the recent storms in the midwest, and I invoke "climate change" to imply that these storms were directly linked to rising global temperatures and will lead to the collapse of the North American food supply, you could point out that the storms are still consistent with local weather phenomena observed in the area's recent history, at which point I would retreat to ...
>>> In my experience, people who are willing to be honest, precise, and consistent in their terminology tend to have more reasonable and productive debates about weather events. They can often agree on many things with the people who are supposed to be their enemies and the disagreements are more understandable. Notably, most Americans probably agree that these storms were damaging to farmers in the midwest.
>>> EDIT: People are fixating on the example and assuming that the reported rate of destruction to the corn crop in Iowa underrepresents the rates in neighboring areas, and ... , but when taking into account reduced demand from China and ... , there's clearly no threat of a food supply collapse. So while it's fair to argue that agricultural scientists are failing to account for something, we're not talking about ignorant people making stupid extrapolations. If we're going to go off-topic, then let's at least make it a productive, enlightening digression.
How do you point this out effectively, so that people can realize that they're fixated on arguing against a strawman of their own creation, and so they don't just double down?
A recent famous case was seizing and selling a persons house over an eight dollar tax payment.[0]
Through forfeiture and excessive fines government routines takes millions, tens of millions per year, from Americans each year. From losing your property over tax issues, forfeiture from police stops, excessive fines for property violations[1], to just simply losing money for trying to fly with it [2]
Why doesn't this get more attention here? Simple, this site seems to have a poisonous view of Libertarian issues and links to sites which cover these transgressions daily but are on Libertarian sites get flagged or down voted into oblivion.
[0]https://reason.com/2020/07/24/county-wants-answers-from-trea...
[1] https://www.usatoday.com/in-depth/news/politics/2019/07/19/f...
[2]https://www.washingtonpost.com/local/public-safety/the-dea-s...
This whole thing fits the Benjamin Franklin quote to a tee: "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety".
1) Rent a car from Hertz
2) Drink drive
3) Car gets forfeited
1) Rent a hotel room from IHG
2) Drug deal in room
3) Room gets forfeited
1) Hire an EC2 instance from AWS
2) Use it to try to hack NASA
3) AWS datacentre is forfeited
White collar crime isn't prosecuted as much because the laws were written with 'intent' clauses that make it easier to avoid convictions and difficult to prove so cases are more expensive and complicated. Most suits against corporations take years and millions of dollars to resolve.
Civil asset forfeiture is legalized theft, the only reasonable justification for it is for unclaimed property, the second someone is found to be the owner you're seizing their property which there are (theoretically) [0] constitutional protections against.
[0] I say theoretically because legal protections only 'really' exist when they're enforced against the government.
You have to look for that struggling single mother, she doesn't have the time, energy, or resources to protest if you steal from her.
The cops would not be interested in the other scenarios though. They can only make money from the confiscated items if they can sell/auction them. I guarantee AMZN has more lawyers than any 3 letter agency, and will not get close to the front door. The hotel room concept is just too far even in a hyperbolic sense. Change it to rent an AirBnB that is a single family domicile, and you have a better leg to stand on
There are always different rules for those who can afford top lawyers.
https://www.wbur.org/news/2012/11/14/tewksbury-motel-owner-f...
The "Police" are departments of city/state politicians. "Sheriff" is an elected offices for a county.
The current dialogue of "the police are doing XYZ" is extremely stupid and unproductive. The reality, "mayors/councilmen/governors/politicians are telling police to do XYZ".
Within a county, the sheriff has the highest law enforcement jurisdiction below the US Marshal cowboying in and taking away their badges. They can even arrest FBI, ATF and ignore Fed requests in general (limitations to this, especially due to paperwork, but the legal right is there). This is why you get plenty of Sheriffs saying, "I and my deputies will not enforce XYZ law".
Why?
Because the Sheriff reports directly to "the people" of the county. He/she is an elected official. Sometimes, they're not even prior law enforcement. But they have a direct dialogue with their voter base (most of the time) because they have a rather direct cause/effect of their time in "office". Also why it's called a Sheriff's Office instead of department (when people know what they're doing... some states are weird/dumb).
The "police" report to the politicians of their jurisdiction.
When certain mayors say, "The police are doing naughty things"... dude... they're on the mayor's orders. The chief can be instantly booted out by the mayor. "It's a travesty that police are overly patrolling certain sectors". YOU APPROVE THE SECTORS AND MADE THE LAWS FOR THEM TO DO SO! "The cops shouldn't be funded through forfeiture/tickets/etc." The politicians are the ones who put that system in place! Police don't make laws, they enforce them according to their hiring governing body... their city/town.
Please, people of the USA, for the love of all things good, learn about your local politicians and vote. Quit this crap of these mayors acting surprised and shifting the blame to the police. The politicians are the ones telling them what to do. Stop being surprised and ignorant.
In the end, the public is to blame for, "Politicians have our best interests at heart if we don't pay attention to what they're doing." I don't care what party you belong to, it's your responsibility to keep a politician in check, no matter their party as well.
If you actually follow local politics, you'll often find that, if the police are even following directions are all, that behind those directions, the most powerful interest group promoting those local policies and able to defeat politicians that displease them is...the police.
I think there's a union component to this as well. A lot of people vote along with unions, especially public unions. This is an interesting case where the people most upset with the police are also the ones who tend to like unions (and where unions have political/voter influence), creating a bit of tension. I think this results in focusing on the police themselves, rather than the upstream causes that you're identifying.
Anyway, in case it wasn't clear - I'm totally agreeing with you :-)
Many cities have trie this, and the police circle up behind their union rep and keep doing what hey were doing before.
There was an NYT article a while ago—I'll see if I can find it—featuring a number of chiefs who described how they'd fired cops guilty of everything from small-time incompetence to horrific abuses of power. They were forced to rehire these idiots after lawsuits.
It's not quite that straight forward. The police have powerful buttons to push to influence the mayor through as well; strikes, blue flu, media, etc. On top of that the mayor is constrained by the union contracts as to what they can demand the police do.
The military doesn’t have a powerful union that protects bad members. In fact, when Trump pardoned someone who was convicted by a military tribunal, the military brass was livid.
It may be violent and illegal, but it fails the key criterion of being a seizure of power from the government. The government remains in power.
Also if the military did decide to just go around ignore the President there's not much he could actually do, it happens often enough in other countries we have a name for it... a military coup.
Mayors can set policy, but it's easier to have the police to their bidding while simultaneously say how terrible it is what the police are doing. Can't blame them, it's politics, but you don't need to fall for it and assume that police unions run the country with politicians as their puppets.
Not if you're a cop.
https://www.washingtonpost.com/graphics/2017/investigations/...
> A San Antonio police officer caught on a dash cam challenging a handcuffed man to fight him for the chance to be released was reinstated in February. In the District, an officer convicted of sexually abusing a young woman in his patrol car was ordered returned to the force in 2015. And in Boston, an officer was returned to work in 2012 despite being accused of lying, drunkenness and driving a suspected gunman from the scene of a nightclub killing.
https://www.theatlantic.com/politics/archive/2014/12/how-pol...
> "In Philadelphia, an inquiry was recently completed on 26 cases where police officers were fired from charges ranging from domestic violence, to retail theft, to excessive force, to on duty intoxication," Adam Ozimek writes in a Forbes article on reforms to policing. "Shockingly, the Police Advisory Committee undertaking the investigation found that so far 19 of these fired officers have been reinstated. Why does this occur? The committee blamed the arbitration process."
This guy got reinstated:
> In June 2008, after downing six drinks as part of his wife's birthday celebration on the South Side, Paul Abel was accused of accidentally shooting a 20-year-old man he was trying to pistol-whip.
It’s not that police abuse and lying just started happening the last few years, it is just now getting recorded and streamed.
Another option is to just opt-out and move elsewhere. Find ways of living where these things don't impact you.
Frequently, no.
https://nymag.com/intelligencer/2020/02/nypd-union-war-de-bl...
> When Mayor Bill de Blasio tweeted his outrage at the violence — claiming the shootings were an attack not only on police but “on ALL New Yorkers and everything we believe in” — the official Twitter account for the Sergeants Benevolent Association replied in characteristic fashion: “Mayor DeBlasio, the members of the NYPD are declaring war on you! We do not respect you, DO NOT visit us in hospitals. You sold the NYPD to the vile creatures, the 1% who hate cops but vote for you. NYPD cops have been assassinated because of you. This isn’t over, Game on!”
https://gizmodo.com/nypd-union-doxes-mayors-daughter-on-twit...
> A New York City Police Department union known for its controversial attacks against Mayor Bill de Blasio tweeted out the personally identifying information of his daughter on Sunday night, including a residential address and her New York State ID number.
Or this: https://www.cbsnews.com/news/texas-coronavirus-face-masks-sh...
> A growing number of sheriffs in Texas say they are refusing to follow a recent executive order requiring masks in public. Governor Greg Abbott's mandate aims to slow the spread of coronavirus, as cases in the state soared past 200,000 on Tuesday.
Ohio: https://www.independent.co.uk/news/world/americas/ohio-face-...
Wisconsin: https://www.tmj4.com/news/coronavirus/these-wisconsin-sherif...
Indiana: https://www.newsweek.com/indiana-sheriffs-refuse-enforce-sta...
Michigan: https://www.freep.com/story/news/local/michigan/2020/07/12/w...
Any forfeiture law should state proceeds would go to a third party. Having the same party (police) that implements the law benefiting from it is just plain wrong.
It's a form of punishment and thus should only be a power wielded by the judicative, for reasons neatly demonstrated by Minnesota police.
The people who are most consistently and vividly at the receiving end of the untrustworthiness of police (whether racial minorities or otherwise) tend to be politically and socially marginalized, as historically has been support for their interests. For the less marginalized, if they were in the receiving end of police injustice, it was usually at least masked in a more convincing veil of plausible deniability.
But those people who get the worst of it haven't seen police as trustworthy for, well, as long as there have been police. For the simple reason that police have never been, even in a simulated way, trustworthy for them.
https://www.latimes.com/entertainment-arts/tv/story/2020-06-...
Have you not seen the whole “Back the Blue” and “Blue Lives Matter”?
I believe people would be more willing to examine the actions of police critically if they weren't being sold as "the good guys" for several hours of primetime television a week.
Police evolved out of night watches, slave patrols, and a variety of other loose organizations meant to guard capital.
In the mid 1800s, the first patrolling police departments were formed in the northeast, and the practice spread across the country. The police very much operated like a gang through to the early 20th century. There are many, many documented instances of police attacking, eg, the Irish in Boston. They often made allies with organized crime, and corruption was commonplace.
Later, the police were literally fighting unions. Again, there are many instances of police disrupting union events with violence including open gunfire on union members.
The Jim Crow era certainly had police doing innumerable, terrible things.
Through the later parts of the 20th century the police were arresting, beating, and extorting people for being gay. The modern Pride parades trace their origins to a riot against police violence.
Over the decades that followed, police got more and more military equipment, no knock raids became more common, and police became considerably more militarised.
Fast forward to today, where police are regularly killing unarmed, fleeing, or otherwise unthreatening black men and women.
There's no era in American history where the police were the good guys. Maybe to the straight white land owning folk, but police boots have always been on the neck of someone in this country.
This reminds me of the luddites. Everyone thinks Luddites are an example old fashioned people trying to hold back progress when it was more like what happens when you have a large unemployed group of people protesting on the streets. Some of them started a riot against factories but not because they hated technology, they hated the business owners. The way the government decided to deal with the Luddites is by suppressing them through police and military violence.
The moral of the story isn't "get with the times", it's that business interests take priority over human lives.
Articles like this do genuinely fill me with patriotic anger.
Still, my limited knowledge of American history is that it's filled with reprehensible (as well as noble) conduct. So I don't wonder "what happened" to this country because AFAIK it's always been flawed.
"She was in the passenger seat when a state trooper clocked her car at 118 miles per hour on I-94 in St. Paul. When the driver ... refused a breathalyzer, he was arrested on suspicion of DWI..."
She was able to buy the car back. Drunk drivers cause many injuries and deaths. What happened to this country is that we decided that thousands of drunks on the road was not acceptable. MADD was founded in 1980 to get that fixed. Whatever it takes.
Think about that for a minute.
A state sanctioned gang decided her car, that she owned, was no longer her property. Then they were graceful enough to allow her to buy back her stolen property. It’s absolutely disgusting and unacceptable in modern society.
People like you who rationalize this behavior make me sick.
Because, especially among those who self-identify as "patriotic American[s]", the discussion always goes something like this:
if you're dealing with the police in any way then you must have done something wrong and are therefore a criminal >>> criminals are bad people who deserved to be punished >>> who cares what happens to them, we shouldn't coddle criminals
Any suggestion that any part of this is wrong is met with accusations of being soft on crime or the like, which is generally a political death sentence in the US.
>She was in the passenger seat when a state trooper clocked her car at 118 miles per hour on I-94 in St. Paul.
>When the driver, Syrgeo Perez, 30, refused a breathalyzer, he was arrested on suspicion of DWI and troopers seized Dietrich's car using Minnesota's forfeiture law.
Do you really think that seizure was completely and totally unwarranted given the circumstances? If I were her, I would make him pay whatever it took to get my car back.
Eg, if the man's family member was in hospital and he was under a great deal of stress, he could have been speeding to the hospital, refused a traffic stop and so on. But this is a circumstance for the judge to decide on a case basis.
See death penalty for murder, not everyone convicted of murder is guilty and some have been executed by the state. I personally don't think it's worth the risk of executing an innocent person just to satisfy some vengeance or whatever justification we put on it.
Because patriotism in America originates from fear, not from love for the country.
Much like in China where people dare not say anything critical of the government to their peers because they worry that their peers will see them as traitors and they'll be shun from society; when everybody thinks like that then nobody dares to speak their mind and talk about issues honestly.
So in America the patriotism and "love" for the country is expressed through various mantras such as "thank you for your service", saluting passing fighter jets, hanging American flags on every occasion and the unconditional support for suspicious budgets and laws of all sorts and war orgies orchestrated by the corporate government; many people I would argue don't actually support any of that but if they were to speak up, they would be seen as un-American which is the worst crime you can possibly commit living in America.
And somehow, that turned into a system where cops can stop you and take your property according to mere presumption of guilt, as in this stupefying example from a few years ago: https://www.washingtonpost.com/news/wonk/wp/2015/06/30/drug-...
Any system with such a glaring conflict of interests and profound lack of accountability is going to be abused to the hilt, as this is. I don't have a problem with confiscating cars from habitual drunk drivers, but there has absolutely got to be more justification for it than this—to say nothing of due process—and it should go without saying that the confiscating agency should not directly benefit from these actions.
It's not perfect, but the checks and balances are there.
The US asset forfiture system is a straight-up affront to the basic concepts of justice in a civilised, democratic country.
As opposed to Officer Clancy’s expert assessment that “well, he sure looked guilty to me and that was one real nice car he was driving, I don’t reckon he could have afforded that on his own.”
That's a huge part of why asset forfeiture is civil and based on 'presumption of guilt'. Remember, the only thing they every got a solid conviction on for Al Capone was Tax Evasion. Unfortunately it is a system that provides perverse incentives for law enforcement that have been abused more and more over time.
Now of course, the big part of why Capone could not be caught otherwise was corruption - cops and officials paid by Capone or trading favors. Making asset forfeiture available with little oversight gives it to hands of the same people eager to cooperate with Capone.
Had all cops and prosecutors and judges and jail workers bean ethical, we would not need oversight and simultaneously Capone would be caught sooner.
Take a look at https://news.ycombinator.com/item?id=12010760 (510 points | June 30, 2016 | 206 comments)
Now imagine that the cop says "I don't care if the judge thinks he is innocent, and I don't care that we can find no evidence. I believe he is guilty. Let's make his life miserable with extrajudicial punishment because we can use presumption of guilt. Let's seize his car, his home and whatever we can imagine."
Sounds like that was intended from the very start. ie. "Due process is just red tape getting in the way of justice and lets criminals off the hook, so let's get rid of it! Trust us, we will only use it against The Bad Guys"
Not to take away from csilverman's valid point, but as an FYI, this example at least the victim got his cash plus interest back (although I think he should have been entitled to compensatory damages as well): https://www.huffpost.com/entry/charles-clarke-civil-forfeitu...
I agree about damages. The consequences for this sort of thing should be steep enough that any officer/department who's tempted to do it would take a real long moment to consider how worried they'd be if they found themselves facing a judge.
The “FYI” is somewhat misleading.
It was new information to me, and relevant to the issue at hand, so I'm glad OP posted it.
It's no surprise the US has the highest prison population per capita in all the developed world and nobody trusts cops.
The US is an interesting experiment in what you get if you try to run a government on market forces, but I prefer to live in a country where police don't have to earn their own income, but are civil servants, tenured for life.
That may lead to inefficiencies, fine, but at least the incentives are aligned towards helping out and preventing crime instead of generating more of it. I haven't had a single instance I can remember where I was ever scared by police.
If only one of our three branches of government were designed to handle such a task...
At least the petty crimes and infractions (I assume that the really bad cases go directly to a judge)
I suppose that most countries in Europe have implemented a similar system.
The judiciary in the United States is the "uninvolved third party should decide if they take the person's stuff," and it's quite a violation of the operating principles of our government that civil asset forfeiture bypasses the judiciary in many places and is allowed to proceed under the law without a court hearing.
Try public defenders and legal aid services instead. Seems like a fair balance to strike.
No. A good fix is not one that continues to allow assets to be seized from people not convicted of any crime that were not used in the commission of, or directly related to the proceeds of, that crime.
A simpler rule could be to not seize assets from people who aren't convicted (or accused of) any crime. Note that someone who lends their car for a bank robbery could still be charged with a crime if we can suspect they knew about the robbery.
The real problem here is that the car they seized didn't belong to him.
Perhaps we could convene a panel of other citizens and have the police present enough evidence of guilt to allow it
The Institute for Justice has long long fought against unjust takings such as described here: https://ij.org/issues/private-property/civil-forfeiture/
The Pacific Legal Foundation is also involved in this fight: https://pacificlegal.org/civil-asset-forfeiture-resist-refor...
Of the charitable giving that I do, these organizations are at the top of my list. If you're in the U.S., I would urge you to consider contributing as well.
I won't comment on whether this is fair or effective or necessary or whatever. But it is quite standard in the USA and elsewhere. Partly its a way to make people enforce laws themselves (I'll care a lot more about whether you drunk drive my car if I might lose the car). Partly its just the concept of contributory negligence or joint venture / accessory. It also avoids weird loopholes: if we're both drunk, we could drive each others cars home and both avoid part of the penalty when we're caught.
This is why the person who owns or posses the property doesn't have to be arrested or convicted of a crime for it to proceed.
This goes back to English common law, but so did a lot of other really stupid ideas. Largely these laws are a result of judicial decisions of courts and not legislative bodies of government.
Please explain to me how I can legally protect my house in this case.
- If I'm not aware my kid is selling a dimebag to his friends then I'm not complicit in it, but I might still lose my house.
- If I am aware of it and take steps to prevent it, but my kid flaunts the rules and punishments I might still lose my house.
- If I kick my son out on the street as soon he's old enough to walk and talk just in case he may do this in the future, CPS will have some harsh words with me and I might still lose my house.
The point of articles like this is that it's not fair and it should be overturned. Claiming that it's standard like that is taking a stance in support of it, despite it being unfair.
The vehicle owner tried a reverse civil asset process to get the car back, so that's interesting but a bit of an aside...
It's unethical and unconscionable, and yet they still do it.
energy is all about the capacity to do work.
how do you make humans do work? you give them money
so money is all about the capacity to make humans do work.
Money is the most quantifiable form of energy we have today.
I don't know if I buy this argument.
Think pre-Columbus Native Americans in North America. Members of tribes still did work without money.
What about people with the most money? Do they do the most work? We need to define what "most work" or "capacity" for work is.
Money is a tool/technology that acts as a bridge between two quantities/qualities. More simple, money is a common means of exchange.
Money is only an incentive to work for poor people because they will die without it. But this has to do with the capitalist system we live in, and it is not inherent to money itself.
But I don't think it's been confirmed or denied in any of the material from the franchise. It's just been assumed.
Morpheus could just be wrong.
And the power explanation makes no sense either. Organic life's shtick is that it occupies a niche where complex mechanisms can be actuated through astonishingly low inputs of power via artificial lowering of chemical reaction energy thresholds via creation of ideal reaction conditions by way of catalytic enzymes.
I loved the movies, and they posed some interesting questions at the time, but my God, they have not aged well.
Just thinking of the energy requirements of the Hunter/Killers with their laser thing and the hover nonsense...
I'd be a hit at all the parties I'm not invited to for the curious.
---
MORPHEUS: For the longest time, I wouldn't believe it. But then I saw the fields with my own eyes, watched them liquefy the dead so they could be fed intravenously to the living -
NEO (politely): Excuse me, please.
MORPHEUS: Yes, Neo?
NEO: I've kept quiet for as long as I could, but I feel a certain need to speak up at this point. The human body is the most inefficient source of energy you could possibly imagine. The efficiency of a power plant at converting thermal energy into electricity decreases as you run the turbines at lower temperatures. If you had any sort of food humans could eat, it would be more efficient to burn it in a furnace than feed it to humans. And now you're telling me that their food is the bodies of the dead, fed to the living? Haven't you ever heard of the laws of thermodynamics?
MORPHEUS: Where did you hear about the laws of thermodynamics, Neo?
NEO: Anyone who's made it past one science class in high school ought to know about the laws of thermodynamics!
MORPHEUS: Where did you go to high school, Neo?
(Pause.)
NEO: ...in the Matrix.
MORPHEUS: The machines tell elegant lies.
(Pause.)
NEO (in a small voice): Could I please have a real physics textbook?
MORPHEUS: There is no such thing, Neo. The universe doesn't run on math.
Fewer may not necessarily be the answer. The US doesn't have a huge number of police compared to other places and crime doesn't somehow disappear if you have fewer police.
For example, France has 429 per million, the US has 238. Austria has 314, Netherlands 295. The US is 101 out of 146 of the countries listed.
https://en.wikipedia.org/wiki/List_of_countries_and_dependen...
So she lets someone else drive her car at felony reckless driving speeds while she sits in the passenger seat? I mean... this law sounds like it has some problems but I'm not sure this is the case that proves it.
Surely she bears some responsibility here? Additionally, the car was used in a crime. Should you get your gun back if you loan it out and it's used to shoot somebody?
Here's what the police could have done instead. Arrest the driver for "felony reckless driving". Have the car impounded for the night. Drive the passenger to her place. Give her written instructions on how to reclaim her vehicle the next day.
There. You've made the roads safer. You've made the people safer. And you haven't stolen someone's property.
And you know what, yes, you should get eventually your gun back if it's loaned out and used to shoot someone (provided you didn't loan it out for the purpose of shooting someone).
The law doesn't have "some problems". It is a problem.
What if the car was a rental?
Is there a law against being a passenger? If so what level of proof is there?
Also, you can not loan your gun to random people, you can borrow your car to whoever you want to. In the situation when someone else can legally borrow your gun and uses it for crime, the item should be returned to you at the same exact moment when other evidence is returned after trial.
Keeping gun as evidence is necessary for trial, keeping car as evidence is not necessary here. Aaaaand keeping evidence and seizing item for profit are also massively different actions.
If you're sitting in the passenger seat of a car driving an insane speed, what do you do? Hit the e-break? You're almost certainly going to die. Call thew police? The person is driving that crazy and you're in a locked room. You do the math.
There is absolutely nothing a passenger can do.
Perhaps her coworker claimed to be sober and had not been visibly drinking at the work party. Perhaps she pleaded with him to slow down.
Regardless, she clearly made an error in judgement when she decided to allow this person to drive her car. Should she lose her car over it? No, I don't think so. But if they had been involved in a car accident, should she bear some portion of blame? Definitely.
> "You're asking one drunk person to determine whether another person is fit to drive. That's absurd," said attorney Chuck Ramsay.
No, it's not. Just assume they aren't. What's the alternative? Merrily lend your car to someone who might be drunk, and not bear any consequences?
But if innocence itself is brought to the bar and condemned, perhaps to die, then the citizen will say, 'whether I do good or whether I do evil is immaterial, for innocence itself is no protection,' and if such an idea as that were to take hold in the mind of the citizen that would be the end of security whatsoever.”
- John Adams
I can't help but see the similarity between this quote and the words of a 90 year old BLM protester that I met in Seattle recently: "No, I don't really care about the looters. Let them take what they want. Because it doesn't matter. Nothing matters anymore. Because guilty or innocent, if they're black, they're gonna end up in prison at some point before they die. Just like I did. For 24 years."
My therapist does some work in the state prison system, and he told me once that most prisoners go through the full 5 stages of grief usually within a couple of months. And by the end of those stages of grief, it is no longer painful for them to accept and openly admit that they committed a crime. He can only recall two long term prisoners that he worked with that refused to admit guilt after a year in prison...one of them has already been fully exonerated (not commuted, but actually cleared of all guilt), and the other was recently granted a retrial. Anecdotal, sure, but I find it believable.
If a drunk driver gets a $2,000 fine, but the owner has their $40,000 car forfeited, is that fair punishment?
But if the act was not pre-meditated, or somehow the result of a probable conspiracy the owner was a part of, the vehicle shouldn’t be seized.
The wrongness of this has nothing to do with this case, though. It is that there is any direct financial reward whatsoever to LE for civil seizures.
Incentive to seize property must be untethered from those whose job is to support order and reduce conflict.
Even if you want to argue that the punishment of having your car seized fits the crime of DWI, there's no due process here. Taking the car and then asking a judge to get it back is "guilty until proven innocent".
It'd be pretty unjust if someone who's saved long and hard to buy their own car got it taken away, but trust fund kids driving daddy's BMW received a lesser punishment.
Instead they just inflict the punishment up front on whoever they want. Then when that person tries to get it back, they have no standing because the suit is against the property itself. It takes some special people to believe in this legal fiction that the owner of the vehicle has no real standing or loss.
The road was also being used. Can they seize that and the police department would now have a new toll road to raise revenue. Oh, you say the state didn't know what the drivers intentions were on the road? Too bad -- they should have foreseen everything done with their property.
https://www.aclu.org/blog/criminal-law-reform/reforming-poli...