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Asset Forfeiture: ACLU Sues DEA Over Trucker's Seized Cash

Discussion in 'BBS Hangout: Debate & Discussion' started by GladiatoRowdy, Sep 10, 2007.

  1. Rocket River

    Rocket River Member

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    Is this man a criminal. . . yes or no?
    no maybes. . . Yes or No?

    If no . .then leave him alone
    If you don't have the evidence. . .then leave him alone

    Also like i said. .
    TO YOU . . TO NEWYORKER . . what is suspicious behavior?
    Cause if just having cash in your possession is suspicious . .. then we are closing in on this police state you talk about

    I thought being free meant I can do with my money pretty much what I want
    If I wanted to pour syrup on it and roll in it. . . its my money
    why would I wanna do such a thing. . . doesn't matter. . it is my money!!

    Rocket River
     
  2. NewYorker

    NewYorker Ghost of Clutch Fans

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    lawful people don't carry around $23K in cash with on them.
     
  3. NewYorker

    NewYorker Ghost of Clutch Fans

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    the man hasn't been tried or prosecuted, his money is simply being held.

    If you cross the border with $23K, your money will likely be detained. You will have to file a lawsuit to get it back. This has been in effect for many many years, and why they ask you to declare any amount over $10K.

    Because you aren't suppose to carry that much cash in society where large transactions are not done in cash.

    This isn't just in the U.S., even the EU has very strict limits about carrying more than 10,000 Euros. So do you think the EU is a police state too?
     
  4. dylan

    dylan Member

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    Just out of curiosity, have you noticed the several posts in this thread that mention this incident not at a border crossing? It was at a truck weighing station.
     
  5. GladiatoRowdy

    GladiatoRowdy Member

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    There was no border crossing, it was a truck weigh station.

    Truck weigh station, not border crossing.

    You can suspect all you like, but that still shouldn't give anyone the right to seize property, declare it guilty until proven innocent, and then force the owner to prove a negative to get it back.

    No border, it was a truck weigh station.
     
  6. GladiatoRowdy

    GladiatoRowdy Member

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    In some ways, we do live in a police state. We have a higher level of incarceration than any other industrialized nation, the police are allowed to kick down a door without announcing themselves (sometimes killing innocent people in the act), and property can be seized on mere suspicion, with no arrest or indictment needed.

    This is what prohibition does, it warps our sense of what is right and just. So much has been justified "for the sake of the children," children who, by the way, are using drugs at almost exactly the same levels as in 1972, when Nixon started this Quixotic quest.

    Prohibition, as a model, has failed.
     
  7. GladiatoRowdy

    GladiatoRowdy Member

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    Some do, it is not for you or anyone else to tell someone that they cannot carry their money with them.

    You are making assumptions that are not based on facts in evidence.
     
  8. GladiatoRowdy

    GladiatoRowdy Member

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    Again, there was no border crossing, it was a truck weigh station.
     
  9. kokopuffs

    kokopuffs Member

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    Says who?

    Wow, that's the worst argument I've ever heard... "lawful people don't carry around <x> amount of money on them."

    What if he were caught with $15,000? What if he were caught with $10,000? $5,000? $3,000? $1,000? Most people I know don't carry $1,000 in cash with them, does that make them criminals if they do? Maybe they got it from drug dealing...does that mean cops have the right to stop them and seize their money?

    http://www.usconstitution.net/const.html#Am3
    Read the fourth amendment.
    emphasis mine. What was the probable cause here?

    What about the 5th amendment?
    emphasis mine.

    What part of this don't you get? The government cannot just seize our property on a whim. Is this concept so hard to understand? If they suspect the money is drug-related, you PUT HIM ON TRIAL.

    Finally, you should read this as a refresher.
    http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness

    I'm glad to know we have all kinds in our country NewYorker, but honestly sometimes I question whether you long to live under the good old days of Stalinist USSR.
     
  10. NewYorker

    NewYorker Ghost of Clutch Fans

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    weigh stations are custom points at border crossings or intrastate divides.

    Both the EU and the U.S. do not allow you to transport over $10K in cash without declaring it.

    This has been the case for 20 years or more. why don't you complain about the Europeans as well?
     
  11. NewYorker

    NewYorker Ghost of Clutch Fans

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    Most countries have laws about carrying excessive amounts of cash. The EU as well.

    If you have that much cash without any bank withdrawal slip and you are moving across state or international, yes, it is very likely you are involved in some sort of illegal activity. It's perfectly legal for the DEA to seize. And the policy is you have to file a lawsuit to get your money back.

    This has been the practice for a while. I don't know why you want to undermine protections to the homeland that were in place BEFORE 9/11!
     
  12. Major

    Major Member

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    Yes, everyone knows that. You're the only one that claimed it was a border crossing. And then you argued based on that. Your claim about being "open minded" is laughable. You make up crap and then get stuck on it despite a lack of evidence.
     
  13. Major

    Major Member

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    Find one. In the US or the EU.

    No, you're not.
     
  14. NewYorker

    NewYorker Ghost of Clutch Fans

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    You have some sort of mental problem which induces you to attack me on every thread. Go see a shrink and figure it out man.

    As TJ might say, You even give lib-pigs a bad name.
     
  15. GladiatoRowdy

    GladiatoRowdy Member

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    Weigh stations exist all over the country and have nothing to do with border crossings. This guy was not crossing a national border and there is no prohibition on crossing state lines with a certain amount of money, even if the weigh station is on a state border.

    He did not go through customs with the money, this was the equivalent of a traffic stop, a stop that did not find drugs, evidence of drugs, or any residue that could have been due to drugs. They took his money anyway and there are a LOT of people (like you) who are so brainwashed by the drug war that you think it is OK.
     
  16. GladiatoRowdy

    GladiatoRowdy Member

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    I have been railing on this issue since the mid-90s. I know how long the law has been in effect.

    The point is that the law is wrong. That would apply to this specific law (asset forfeiture) as well as the more general policy of prohibition that has taken us from "land of the free and home of the brave" to "land of the chained and home of the jailed."

    We have 5% of the worlds population and 25% of the world's prisoners. :eek:
     
  17. NewYorker

    NewYorker Ghost of Clutch Fans

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    what about the EU which has a similar policy?
     
  18. DaDakota

    DaDakota Balance wins
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    Link?
     
  19. pgabriel

    pgabriel Educated Negro

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    what does the eu having a similar policy have to do with the price of tea in china?
     
  20. kokopuffs

    kokopuffs Member

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    Apparently NewYorker thinks that international law should be the one and only precedent we look at in weighing the legitimacy of the asset forfeiture issue.

    Nevermind that he hasn't addressed any points that I brought up, including our constitutional protections AGAINST government seizure of private property without due process. Nevermind that the EU is made up of a wide range of semisocialist states. Which the US is not. Nevermind that a man carrying a large amount of cash in his truck is CLEARLY in violation of several laws and prohibitions, including the law against not keeping your legal tender in a financial institution of some kind (class 3 felony btw) </sarcasm>.
     

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