The Rising Tide of Civil Asset Forfeiture

George Rebane

[This is the transcript of my regular KVMR commentary broadcast on 6 May 2015.]

“Civil asset forfeiture is a decades-old tool that gives law enforcement the power to seize property if it’s suspected of being related to a crime. … California has safeguards in place to protect innocent people from the harmful practices of civil asset forfeiture. However, a new report from the Drug Policy Alliance (download here) found that such measures haven’t stopped law enforcement agencies from using federal forfeiture laws to circumvent state policies.”  So advises a recent report in The Daily Signal.  The specifics of how the state’s corrupt law enforcement agencies take advantage of this end-run to enrich their own coffers should enrage all of us.  Unfortunately, even though this is a nationwide problem with many calls for reform, for some reason our media chooses not to report such summary takings from innocent citizens.

In recent months the thin veil of civilization has suffered several rips in various cities across the land.  The uneven public focus has been applied to something labeled racist bias in police departments or police brutality against minorities.  And this has caused our Dept of Justice to paint most local law enforcement agencies with the broad brush of racism in the minds of most black people.  Such an indictment has not always been backed by evidence (as in Ferguson), or the officers, accused of misconduct and worse, have been submitted to a peremptory trial by mob in the media even before the formal judicial process is launched.

Now I am not implying that the police in NYC and Baltimore were innocent of the deaths they caused.  But I am saying that the relationship between urban constabularies and law abiding citizens still needs a lot of healing since the race riots of the 1960s, in spite of the great gains made by minorities over the intervening decades.

Today we are being told of an established conflict of interest between these same law enforcement agencies and the citizens of all races, means, and backgrounds.  Whenever a police action can result in a direct financial benefit to the police department, you can be sure that such actions will be misused and abused.  This is exactly what has happened with civil asset forfeitures in which the police effectively wind up being the judge, jury, and executioner in seizing private property using applicable federal laws to circumvent more restrictive state laws.

In California alone, civil asset forfeitures have increased from $36M in 2002 to over $100M in 2013.  And we have to realize that such forfeitures occur outside of established due processes in which there is a presumption of innocence before the property is seized.  In such seizures all that is required is for the police to have an internal determination that the property in question is “suspected” of being related to criminal activity in some way.

Placing such peremptory takings under federal law gives local police additional cover, since then they are participating with federal agents under the Department of Justice, and subsequently split the take as prescribed by that department’s so-called Equitable Sharing Program.  In states with relatively lax civil forfeiture laws, the state and police departments split the loot 50-50.  However, in states like California with strict forfeiture laws, the police working under federal law get to keep 80% of the take.

All of these roughshod policing policies serve to erode public confidence in local law enforcement.  Arguing that they are necessary to reduce crime rates doesn’t hold water.  What such policies do is shift perceived criminality and injustice from hoodlums to those charged with maintaining security under our system of law and order.  When our police practice thuggery without recourse, we will come to live under a totalitarian system like the former USSR which also trumpeted its low crime rates.  In closing, I want to remind listeners that just because it isn’t in the news does not mean it is not happening – do your own research and then contact your elected representatives.

Speaking of doing your own research, if you want to find out more about the ongoing State of Jefferson movement and voice your opinion, then attend next Tuesday’s meeting of the Nevada County Board of Supervisors at the Rood Center after lunch.

My name is Rebane, and I also expand on this and related themes on georgerebane.com where the transcript of this commentary is posted with relevant links, and where such issues are debated extensively.  However my views are not necessarily shared by KVMR.  Thank you for listening.

 

Comments

[Walt]

I guess the truth hurts. LIBS always lash out and try and shoot the messenger. Funny,, you haven't posted ANYTHING to depute the message.

This Conservative ( GASP!) Black woman took plenty of heat for this.( from LIBS)
http://www.thefederalistpapers.org/us/prominent-professor-for-equality-to-exist-black-people-must-be-held-to-the-same-standards

Another Black person of the Conservative side speaks.
http://www.theblaze.com/stories/2015/04/28/dont-judge-blacks-differently-black-student-activist-says-black-rioters-should-be-judged-like-other-races-with-no-excuses/

"National Collegiate Athletic Association (NCAA) enacted Proposition 48, which set minimum academic standards for athletic eligibility. A minimum score of 700 out of 1,400 on the SAT and a 2.0 grade-point average hardly seem demanding, but a number of coaches and black race activists decried the measures as discriminatory"

The full story here. ( I suggest you read it all before jumping to conclusions)
http://www.amren.com/features/2015/05/the-old-college-try/

That should keep you busy for a while.

[Walt]

Well.. I never thought of this one. " The mechanical cotton picker made black labor obsolete" You can find that here "jon".
http://stuffblackpeopledontlike.blogspot.com/2015/04/baltimore-represents-africa-in-america.html

Yup they even go back that far to find something to blame for lack of employment for the Black people today.

Remember what "affirmative action" was/is all about "jon"? " You need to hire this under qualified "minority" over this qualified white guy... It's the law.. to make it fair."
For LIBS,, reverse discrimination is just fine.
Is that your idea of " equality",, and being held to the same standard?
Or am I exceeding the limitations of your medications to get a decent answer without being attacked?

[Don Bessee]

Walt, sock puppet jon is never going to accept anything that does not fit with the party line. Its like beating a brick head with balsa wood. Likely a fan boy of and top commenter on hufpo.

[Walt]

Don.. "jon" is our own poster boy for the discussion. He won't even lift himself to rise above, but chooses to stay "at that level". ( even said so a short time back)
He won't even spell his name right. That "H" is such a hassle. Yup,, that LIB shool'n of outcome based education worked swell. "close is good enough".
That's why when the power goes out, the stores have to close, because those running the cash register can't do math and make change with a pencil and paper.

[Don Bessee]

Interesting point on the cash registers Walt, the liberal darling starbucks system failed and they were dead in the water everywhere. Dude like can you add for me? I remember as a kid (single digits) my family played a great game where if I was able to correctly calculate the change as quick or quicker than the machine I got the coin part of the change. Kept more coins in my pocket than allowance. Of course that approach now would not be PC now since there is a chance of failure and an actual work - reward ethic is reinforced.

[Bill Tozer]

Oh my, Brother Ben won't like this one bit. Someone lost life/Liberty/property without due process of law. Guess he will find out that the 4th Amendment does not apply to foreign nationals on foreign soil. That will be a bitter pill to swallow for my Brother.

http://www.latimes.com/nation/nationnow/la-na-nn-border-patrol-shooting-20150425-story.html