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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. GladiatoRowdy

    GladiatoRowdy Member

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    And I will keep saying it as long as you keep proving it. You haven't given any good reason for the continuation of this failed policy, but defend one of the most egregious wrongs that it has committed.

    BRAINWASHED
     
  2. NewYorker

    NewYorker Ghost of Clutch Fans

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    wow, you can't even interpret the 5th amendment correctly?
     
  3. NewYorker

    NewYorker Ghost of Clutch Fans

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    Ok, i'm a brainwashed robot. Are you done? Do you have anything else to add to your mindless robotic drivel that you have been programed to spew out?


    This is what I can't stand about liberals....they are so entitled in being self-righteous. They talk about sticking up for the little man, but it's all an intellectual mental masturbation excercise. When it comes down to it, they smoke weed and attack the "Man" as being the enemy - since really it wants to take away their drugs. Of course you defend this guy.

    Why don't you get off your "high" horse and realize that we live in the 21st century where people don't carry around wads of cash unless they are part of organized crime or terrorists. How can you buy this ridiculous notion of someone not trusting banks! What, the poor stupid Mexican can't comprehend banking? What are you racist? He can be savvy enough to carry pay stubs to "prove" where he got it from but can't trust a bank?

    Have you ever thought the reason he won't put his "savings" into a bank is because banks can confiscate illegal money???
     
    #143 NewYorker, Sep 18, 2007
    Last edited: Sep 18, 2007
  4. Deckard

    Deckard Blade Runner
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    You are an insult to all robots and androids, everywhere.



    D&D. Impeach Bush and Cheney.
     
  5. JuanValdez

    JuanValdez Member

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    I thought this list need a little review.

    1. I'm not sure it does make a difference. But we don't know either way.
    2. NAFTA allows truck drivers cross the border to reach a staging area within something like 50 miles of the border, but they currently are not allowed to go further on. So, it is common for American truckers to pick up freight from just the other side of the border and take it to an American destination. It is quite likely what was going on with him.
    3. You make to much of the 'savings' claim. The article I posted says he's 'contracted' so I'd think he was an independent owner/operator, and therefore responsible for all the maintenance on his truck. The $23,700 was likely the operating funds of his business as a self-employed person. It also happens to be all the money he owned, and thus the characterization as 'savings.'
    4. Long-haul truckers tend to live in their trucks. It shouldn't be too surprising that he happens to have his personal papers relevant to his trucking business in his truck.

    And, I'll have to join the consensus in saying of course money is property.
     
  6. JuanValdez

    JuanValdez Member

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    James Madison on property: http://press-pubs.uchicago.edu/founders/documents/v1ch16s23.html

    He's trying to talk about something else and relating it to the right of property, but he still gives you a pretty good idea of what he thinks is the common understanding of what property is, circa 1792.

     
  7. NewYorker

    NewYorker Ghost of Clutch Fans

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    So there does seem to be a precedent. I'm not a legal expert, but reading this does appear to say that money is considered property by legal standards and it's not just land. However; whether or not the seizure of the $23K violates the Fifth Amedment is more complex. Certainly the length of time of the seizure nor the actions taken point in that direction. It may be why they give back the money after one year - beyond that it violates the Fifth under the below 4-point construct. But again, it doesn't not appear to violate the 5th amendment at this time.

    http://www.kirkland.com/sitecontent.cfm?contentID=230&itemId=7632

     
  8. GladiatoRowdy

    GladiatoRowdy Member

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    EXCUSE ME?!?!?

    I have spent the better part of two decades studying this issue dating from the time I was 17 and decided I could do the most good in this world helping addicts recover. I spent six years holding their hands while they suffered from delerium, tremors, and all manner of nasty behavior while they floundered, trying to recover from a condition that is not easy to deal with, either as a user or as friends and family.

    I have seen this war from every perspective and, based on facts and available evidence, have decided that prohibition is the wrong way to approach the issue of drug use and abuse in our society.

    I would match my programmed "drivel" against your slogans any day. I do note that you are not even trying to touch the larger issue of prohibition, instead choosing to make assumptions and dispute the definition (the very definition for Christ's sake) of "property."

    It is not about this guy. It is about the fundamental shift in our collective mentality regarding the freedoms that some of us still hold dear.

    It is about supporting a program that has had zero positive impact on our society after spending over a half trillion dollars.

    It is about having the society with the highest per capita rate of incarceration in the world, in the country that claims to be the "land of the free."

    It is not about MY ability to use drugs, I was offered jobs in both Amsterdam and Alaska and if simply using drugs was my agenda, I could easily have gone to either place, both of which at least tolerate the use of the only substance I think is safe enough to use.

    Why don't you stop dishing out the insults that you are constantly blaming on "left wingers."

    Why can't you realize that, though uncommon, it is not yet illegal to carry any amount of cash. You can make all the assumptions you like and cast all the aspersions you can think of, but all you are doing is assuming.

    Who are you to judge someone else's choice of lifestyle? Who are you to judge a man guilty of wrongdoing based on the fact that he chooses to keep his money on him, as he has every right to do? It is interesting, but I thought that conservatives wanted to limit the reach of government into our private lives. At least, that is what I believed about conservatives at the same time that I voted for Bush's father.

    Times have changed, so have conservatives.

    He has PROOF in the form of pay stubs that the money is his. How can you possibly leap to the conclusion that his money is derive from illegal sources?

    By the way, get back to me when you want to stop throwing insults, stop making assumptions, and start talking about the bigger issue.
     
  9. kokopuffs

    kokopuffs Member

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    Did anyone else giggle when they read "United States vs Eight thousand Eight hundred and Fifty Dollars" as the name of the case?

    I lol'd. :D
     
  10. kokopuffs

    kokopuffs Member

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    Based on the abstract, the 4-point test does not establish a rigid timeline for return of assets (which by your post I can only think that you assume is the alleged 1-year return period), but rather evaluated on a case-by-case basis. If, in fact, the $23k turns out to be the man's life savings and he is unable to continue his trucking career because he lacks the money to finance repairs/fuel/etc, the judge would (probably) rule that the seizure violated the 4th test.
     
  11. NewYorker

    NewYorker Ghost of Clutch Fans

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    your signiture with the quote of me forgot to include the fact i was being sarcastic....but that's ok, you can put whatever misrepresentation in your sig if it makes you feel good. i like how you are so small that to elevate yourself you have to feel like you have "owned me". Sadly, it's too transparent to ever get you the respect you're craving.

    by the way, i don't see how he meets the four point test considering his money has been seized for a few days now, not even close to a year.

    and i'm sure he can continue his trucking career without tapping into his life savings.
     
    #151 NewYorker, Sep 18, 2007
    Last edited: Sep 18, 2007
  12. NewYorker

    NewYorker Ghost of Clutch Fans

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    So helping junkies recovered has made you realize that drug enforcement is useless? So you are ok with dealers going after kids in plain of sight? Is that what you are saying? Sick.

    Listen buddy, you start with the robotic brainwash insults so guess what, i'm going to throw is back in your commie face. Stop smoking the weed man, the 60's are over. Stop defending drug dealers and those who assist them. Just because you watched a hollywood movie doesn't make you an expert in the drug trafficking trade.

    Legalizing drugs isn't the answer - legal drugs are the most abused drugs in this country. We already have enough problems with alcohol and perscription meds. Tobacco kills millions of people. To propose that efforts against heroin, cocaine, and pot don't make a difference is just naieve. And you know what, it only takes half a brain to realize that...but maybe you destroyed the wrong half man.

    You don't like the insults? Good. Then stop dishing it out hypocrit. I'm sick of your types acting higher than god almighty calling people this and that, saying they are brainedwashed, and then crying when you get it tossed back in your face. if you can't handle it, you should have thought about that when you fired the first salvo.
     
  13. kokopuffs

    kokopuffs Member

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    Cry me a river, you posted it and it's my prerogative to use it in or out of context as I like.
     
  14. NewYorker

    NewYorker Ghost of Clutch Fans

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    oh you go girl!!!!

    post that puppy out of context! WHOOOO WEEEE.

    By the way, you also should quote me ACCURATELY - not edit what i wrote to make it appear in another way.
     
    #154 NewYorker, Sep 18, 2007
    Last edited: Sep 19, 2007
  15. SLIMANDTRIM

    SLIMANDTRIM Member

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    Whether parties here think it is relevant or not to "this" case, if he slipped through customs without declaring in on his customs form and then filing out proper IRS documentation, penalties can be $500K and up to five years imprisonment.
    So I am curious here if he did declare. If not, then he still leaves himelf exposed to even greater charges if the goverment decides to investigate and pursue this.
     
  16. kokopuffs

    kokopuffs Member

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    As I pointed out earlier, if he declared them to the police officer who searched his vehicle at the weigh station, it would be logical to assume that he declared them at the customs point.
     
  17. GladiatoRowdy

    GladiatoRowdy Member

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    That is part of it. Helping addicts ("junkie" is a pejorative usually applied to heroin users specifically, so I will use a more correct term) recover helped me to see that our drug policy should be centered around the healthcare system, not the criminal justice system.

    What is sick is your ridiculous straw man. I want a system of strong regulation (like I described in this thread) that makes it somewhere beween difficult and impossible for kids to get drugs. I believe he primary law enforcement focus should be going after people who provide drugs to kids. Adults should be allowed to purchase and use based on the regulations that are appropriate for the substance in question.

    Really on the insult roll, huh? Did you run out of any semblence of intelligent discussion?

    More insults and straw men. I have not defended a single drug dealer in this thread or anywhere else that I know of. I have defended a man who you ASSUME is a drug dealer, despite significant eidence to the contrary.

    How about 20 years of study, going throgh the classes to be a drug abuse counselor, doing a 500 hour internship on a gay/lesbian drug abuse unit, working on several drug abuse units over the corse of five years, reading 100+ books on the topic, and reading virtually every study about drug use and abuse that has been done over the last century plus?

    Yes, they do. In fact, if we were basing our drug policy on how many people drugs kill, mar1juana would be regulated while alcohol and tobacco would not.

    What we need is to minimize the harm done to our society by drug users and abusers. The only way to do that is to regulate a least some currently illegal drugs. Prohibition causes far more harm than drug use ever could AND it guarantees that our children will have ready access to drugs, as we have seen since over half of our young people have used illegal drugs before they leave high school in every year since that survey started in 1973.

    They do make a difference. A negative one. Our massively stepped up enforcement efforts have resulted in no net drug use reduction as evidenced by the satistics that SAMSHA puts out. Over hlf of our young people use drugs before they leave hig school and that has been the case since Nixon coined the term "War on Drugs."

    I challenge you to show any evidence whatsoever that interdiction and incarceration has had any positive impact at all.

    When you don't have facts, I guess you can always fall back on insults.

    I have provided plenty of facts and evidence and you have responded only with insults and "everybody knows" myths.

    Come back and see me when you have a fact or two to discuss.
     
  18. NewYorker

    NewYorker Ghost of Clutch Fans

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    I don't agree with putting users behind bars - that's the part of the drug war that I see as useless.

    But you have to go after dealers and smugglers with gusto. You have to after them and find ways to prevent the flood into the country. And using drugs and being caught should result in a fine and forced rehab. I also think it should be made public so everyone knows you used drugs. I think that's a way to make people never get on them.

    Employers should know of any adult that has been caught in possession of narcotics. Repeat offenders should be sent to rehab.

    But I fail to see how treating junkies has made you realize that border control is ineffective - maybe you should show some facts instead of just saying you are an authority because you deal with those who use drugs.
     
  19. GladiatoRowdy

    GladiatoRowdy Member

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    That is simply the tip of the iceburg. We only relatively recently started going after drug users with the "gusto" you say should be reserved for dealers and as a result, we have the highest rates of incarceration in the entire world (remember, this is the "land of the free").

    In the system I would create, this would still be the case, but we would be going exclusively after people who deal to kids. Adults, once they have been educated as to the effects of drugs, should be allowed to purchase at least some of the currently illegal substances.

    When you remove the VAST majority of drug users (adults) from the underground market, particularly for mar1juana, you will see the market for kids start to become minimized as well. This has been proven pretty conclusively in Holland, where their level of teen mar1juana use is half what we see here despite similar usage rates for adults.

    I think that we have proven pretty conclusively, after thirty years and more than a trillion dollars, that interdiction will not work as a strategy. We need to find ways to minimize the negative impacts that drug use and abuse have on our society rather than continuing to tilt Quixotic at the "drug menace" windmill.

    In the system I would create, if someone started purchasing quantities of drugs that indicate abuse, they would be offered treatment that would be paid for by the taxes on the very drugs they are consuming.

    The taxes would also pay for a real system of education about drugs (way more than the "Just Say No" crap we have now) and efforts to reduce drug use by kids. One of the biggest statistical correlations between drug use and addiction is age of first use. The older one is when they start using psychoactives (alcohol included), the less likely they are to experience problem drug use later in life.

    My startegy would be to concentrate on creating an environment where kids find it somewhere between difficult and impossible to acquire drugs, raising the average age of first use and over the course of time, reducing overall drug abuse.

    Employers already know this. Just about all businesses (short of restaurants or other low-end jobs)do some kind of pre-employment background checks. As I mentioned above, in the system I would create, a problem drug user would be given treatment that would be paid for by the taxes on the very drugs he or she is consuming.

    It is not my experience as a counselor that convinced me that drug interdiction is ineffective, it is my ability to analyze the facts.

    Some facts:
    Half of our young people use drugs before they leave high school and have every year since SAMSHA started the household use surveys in 1972.

    Drug prices have fallen and purity has increased since Nixon coined the term "War on Drugs" in 1972. If interdiction was effective, price would be increasing, not decreasing.

    We cannot keep drugs out of our maximum security prisons, which are supposed to be the most secure environments we can conceive of. That does not bode well for a 2500 mile border with Mexico, the thousands of miles of shoreline along the Gulf of Mexico, or anyplace else where drugs make it into our country.

    In a study a couple of years ago, the students at a high school in Michigan reported that it is easier to get illegal drugs than alcohol.

    Every study since the late 1800s that has taken on the issue of mar1juana (including the one that Nixon commissioned in 1970, only to ignore its findings) has suggested that it should be handled like alcohol and tobacco.


    The facts are out there, NewYorker, and I encourage you to investigate them. When I started my career as a drug abuse counselor, I was firmly in the "kill all drug dealers and lock up the users until they clean up" camp. I studied the issue and found the strategy lacking and I suspect that if you investigate the issue, you will find the same.

    I would be happy to suggest a number of resources if you are willing to open your mind just a little bit.
     
  20. JuanValdez

    JuanValdez Member

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    Quick update: DEA has given up their untenable position.

    http://www.elpasotimes.com/newupdated/ci_7081506

     

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