Saturday, February 2, 2019

Law Enforcement or Simply Theft?

Image result for Police Stealing clip art
The Greenville News (Greenville South Carolina) recently did an investigation of property seizure by South Carolina police agencies TAKEN: How police departments make millions by seizing property.)  They found that "Police are systematically seizing cash and property... netting millions of dollars each year."  They came to the conclusion that "South Carolina law enforcement profits" from these seizures.
How does this happen in the United States?  The Fourth Amendment clearly states that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probably cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."  Because of the profits involved, states have been playing fast and loose with this definition of "probable cause."  Many use the standard of any suspicion that a crime might be committed.  Here is a sample from the North Dakota Century Code (29-31.1)    "Forfeiture is a civil proceeding not dependent upon a prosecution for, or conviction of, a criminal offense..."  Since it is a civil proceeding, many of the important protections against taking of personal property are absent including guilt beyond a reasonable doubt.  
It is time for citizens to demand a stop to this practice.  Seizing ill gotten gains from individuals who have been CONVICTED of a crime can be a valuable law enforcement tool.  Allowing police to take property on suspicion is merely sanctioned armed robbery. 

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