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California stays winning! Conviction required for police to seize cash & property!

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I'm surprised I didn't see a thread on this. This is a huge step.

Source: Link

Key excerpts:
Law enforcement officials across California will no longer be able to share in the proceeds of most cash and property seizures unless there is a criminal conviction resulting from the case, under a bill signed Thursday by Gov. Jerry Brown.

The legislation, authored by Sen. Holly Mitchell, D-Los Angeles, represents a significant win for civil-right advocates, who have complained for years that the law gives police and sheriff agencies a financial incentive to seize cash and other assets.

According to the study, 85 percent of the proceeds of federally seized assets in California went to agencies in jurisdictions where a majority of residents are people of color. It also said half of U.S. Drug Enforcement Administration seizures in California involved people with Latino surnames.

“SB 443 will not only rein in the abuse in California, but also offers a blueprint for workable solutions to other states seeking reform,” Doctoroff said.

F*** YES! FINALLY! The entire notion of civil forfeiture was asinine top to bottom. F*** any cop that has seized property without any due process.

To understand the scope/magnitude of the problem:
Link 1
Link 2

Seize me if old.

Edit:
Very good article on police seizures:
 
You know the feeling when you read a news story about progress, but instead of going 'wow that's awesome' you think, 'How the fuck was this not already outlawed?'

One of those moments for me.
 
Good job California, but its absolutely disgusting that this was allowed in the first place and still is in the rest of the country.
 
Yup. We also eliminated the statute of limitations on rape cases and sanctioned Wells Fargo.

But we're probably about to get rocked by a huge earthquake.
 

Rpgmonkey

Member
I just read an article not too long ago about the Chicago PD doing this. Interesting stuff and good on California for changing it.

Edit: The one above me, lol.
 

W...T...F....

Since 2009, the year CPD began keeping electronic records of its forfeiture accounts, the department has brought in nearly $72 million in cash and assets through civil forfeiture, keeping nearly $47 million for itself and sending on almost $18 million to the Cook County state's attorney's office and almost $7.2 million to the Illinois State Police, according to our analysis of CPD records.
cpd-forfeiture-flowchart-01.png

I don't think I can rage much harder! This is cartoon levels of asinine!
 

Instro

Member
I'm confused about something on this, but maybe I'm dumb. So if they can't seize assets from drug dealers and similar criminals prior to conviction, what's to stop gang members/other criminals from moving the money/assets prior to conviction?
 

hobozero

Member
Never understood how civil forfeiture was remotely constitutional. I mean, it's right in the damn fifth:

"nor shall any person ... be deprived of life, liberty, or property, without due process of law"

I can't see how CF possibly gets around that. And yet it does. Is it just not a glamorous enough cause to get to the supreme court?
 

Tuck

Member
Civil foreture is legally permissible robbery by the police. It's dirty through and through. Glad to see a governor taking action against it.
 

Monocle

Member
Good.

Next are they going to prohibit the beating of handcuffed suspects? Might as well take advantage of this rare window for radical legislation.
 

noshten

Member
You know the feeling when you read a news story about progress, but instead of going 'wow that's awesome' you think, 'How the fuck was this not already outlawed?'

One of those moments for me.

Totally agree with your sentiment.


You have a system that is predatory towards those at the highest risk. When you consider the people who can't afford to get a lawyer and are most susceptible to having what little they have taken away or even worse their freedom being taken away only due to circumstance like drummed up charges and other bs that the current system breeds. When you treat people who break the law as criminals, you are creating an atmosphere that breeds hatred towards people who are simply living in an environment with high crime. No body purposefully chooses to live on the bottom and being kicked while you are down is totally not going to resolve any problems. When we deescalate the situation, by enacting laws and regulation similar to Australia regarding arms. When police is no longer the enemy who is taking away you freedom, possessions, psychological well-being but rather an active member into making a community a better place for living. That's what everyone wants from the law but you don't get it when you are on the bottom all you get is suspicion, fear, condescension. And usually it's in these communities where police is militarized, how can you feel safe when your local Police looks like an occupying army.

An eye for an eye makes the whole world blind and crime and punishment needs to be re-examined. There are several ways that Scandinavian countries have attempted to address rehabilitation that have proven successful.
While you'd need funds to attempt to invest into changing the system there is easy ways to do it. Simply stop the Drug war, legalize weed and de-criminalize all other drug use. Attempting something similar to Portugal while using the tax revenue from marijuana to replace prisons with clinics and shelters.
 
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