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Police Seized Innocent Peoples Property, Kept It for Years. What Will SCOTUS Do?

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Re: Police Seized Innocent Peoples Property, Kept It for Years. What Will SCOTUS Do?

#111

Earlier quoted context omitted.

Can you provide a reference where you have seen someone take this stance? I personally have never seen it, and I think I know a lot of pro police types. I think most pro police types would see this as corruption.

I've never met a pro police type that would mention anything as corruption. If you asked them directly some would agree, but as a group I generally just hear apoligism.

How can it be corruption when it's all because of just "a few bad apples"? (Quoth my thin blue line next door neighbor.) To that world view, nothing wrong is systemic; it's all down to individuals whose behavior is not considered part of the whole.

Incidentally, I'm not sure he's familiar with the second half of the idiom ("spoils the whole bunch").

Re: Police Seized Innocent Peoples Property, Kept It for Years. What Will SCOTUS Do?

#112
post #75

Earlier quoted context omitted.

It is a bit bizarre to read about a system of exploitation that has flourished under a capitalist police state and then mention communists.

Eh, I'm not really pro communism, but it makes sense to me. If one of the central differences people focus on between the systems is private property, if someone sees that as somewhat of an illusion it makes sense to note it.

In theory, communism can reject the concept of private property, but in practice, all property ownership is "private", as any finite quantity of matter and space must necessarily be controlled by someone in particular at the exclusion of everyone else if it is to be used by anyone at all. So the practical differences are merely aesthetic.

Re: Police Seized Innocent Peoples Property, Kept It for Years. What Will SCOTUS Do?

#113
post #44

This can be fixed simply: require police and the federal government to cover legal fees when successfully recovering stolen property, require them to additionally pay penalties to the victims that match the late payment penalties for fines and taxes. Finally, require all the, ahem, proceeds of this theft to be set aside for paying the above. That removes the profit motive and adds substantial downside to bogus theft.

Counterpoint: That would just mean taxpayers would pay more for police gross negligence (which is already a problem).

Re: Police Seized Innocent Peoples Property, Kept It for Years. What Will SCOTUS Do?

#114

Earlier quoted context omitted.

yes, just like the communists. the state can seize anything with no compensation. private property assurances were masqueraded as a distinctive tenet between the systems but they’ve both converged on a discretionary ownership reality.

It is a bit bizarre to read about a system of exploitation that has flourished under a capitalist police state and then mention communists.

During the Cold War, Soviet states and the socialist economic system they had were propagandized in America as "the government can take your stuff at any time because COMMUNISM". This was aided by the fact that, in practice, the Soviets could and did do that. However, it was not at all a unique feature of socialism or communism. Police states don't care about who nominally owns the economy, they care about what can be looted from it.

Capitalism has no defense mechanisms against unwarranted seizure of property. Private ownership is a precursor to capitalism, not a byproduct of it. Furthermore, there are plenty of ways by which capitalist entities can gain government-like powers, if not totally supplant the government[0]. Concentration of wealth is a problem whether or not the person who owns the wealth claims to own it for themselves or in the name of the working class.

The way that you prevent the government[1] from stealing your stuff is to make it inconvenient for them to do so. In the US, we have presumption of innocence, right to due process, and so on. These are constitutional rights that the government broadly respects. If they regularly didn't, you'd see brain drain as people and businesses with the means to do so would escape the country. Those without such means would begin economically sabotaging the country. However, these are blunt instruments whose use entails personal cost, so people don't use them right away. The US can therefore get away with ignoring its own constitutional obligations some of the time, and in this case, that's how they get away with civil forfeiture.

Think of it like this: when Apple or Google start screwing over developers, or Reddit or Twitter start screwing over users, we don't all immediately jump ship, but some do. If they continue doing this, and they exceed a particular threshold of bullshit, they continue losing people faster than they gain. This creates a feedback loop of stupider and stupider tactics pissing off more and more people until the platform collapses.

Countries work in similar ways.

[0] The basic idea of Rothbardian ancap economics is that we should deliberately encourage this. The idea is that this would supposedly lead to competition for governance. Except this wouldn't actually happen because competition is a byproduct of capitalism, not an essential property of it.

[1] or government-like entities

Re: Police Seized Innocent Peoples Property, Kept It for Years. What Will SCOTUS Do?

#115
post #74

Earlier quoted context omitted.

That slide is confusing. The Burglary side says it takes place when people are absent, but then says it's a violent crime (and shows one person punching another). I get it's probably a legal definition of "violent" or something, but in that case showing an image of one person punching another is somewhat misleading...

Burglary isn't necessarily/traditionally a violent crime. Crime stats usually report it as a non-violent property crime, though there are parts of federal law that treat it as violent or similarly to violent crimes. It doesn't have violence as an element of the crime, but breaking into peoples' houses obviously sets the stage for more violent encounters. Robbery on the other hand is by definition a violent crime, the…

> Robbery on the other hand is by definition a violent crime, the threat of violence is what distinguishes it from other forms of theft or larceny.

This is exactly it for me.

When I first read that the TSA would report you to the DEA for carrying large sums of cash into an airport, and the DEA would intercept you and seize it, I’ve been referring to it as armed robbery.

When the DEA asks you to hand over the $10k in your backpack, they’re doing it under threat of violence. It’s armed robbery, they just haven’t “drawn their gun yet.”

Try sticking to “I’m sorry sir, you can not have my money” and you’ll quickly see what the full weight of the U.S. Government looks like when escalated against you.

From the time they decided they wanted your money, it was theirs.

Re: Police Seized Innocent Peoples Property, Kept It for Years. What Will SCOTUS Do?

#116
post #74

Earlier quoted context omitted.

That slide is confusing. The Burglary side says it takes place when people are absent, but then says it's a violent crime (and shows one person punching another). I get it's probably a legal definition of "violent" or something, but in that case showing an image of one person punching another is somewhat misleading...

Burglary isn't necessarily/traditionally a violent crime. Crime stats usually report it as a non-violent property crime, though there are parts of federal law that treat it as violent or similarly to violent crimes. It doesn't have violence as an element of the crime, but breaking into peoples' houses obviously sets the stage for more violent encounters. Robbery on the other hand is by definition a violent crime, the…

General data from the US for burglary depends on the source, yea.

If you look at victim data it's roughly it's 3 million burglaries per year, about 1/3 of which are home invasions. And about 1/4 of those (so 1/12 of total) are also violent crimes where the resident is injured.

But then when it comes time to report crime stats some stuff gets partitioned off into other buckets (I guess to avoid double counting? Idk). So e.g. some sources will take those 250k assaults-during-burglary and not count them as burglaries.

It gets really confusing really fast.

Re: Police Seized Innocent Peoples Property, Kept It for Years. What Will SCOTUS Do?

#118
post #17

This graph from the 2015 article "Law enforcement took more stuff from people than burglars did last year" really rammed this home for me: https://www.washingtonpost.com/news/wonk/wp/2015/11/23/cops-...

If anyone else was curious for more recent data, this 2021 article has the trends through 2019: https://thewhyaxis.substack.com/p/cops-still-take-more-stuff....

Its chart shows that burglary led from 2016-2018, but asset forfeiture was ahead again in 2023.

Re: Police Seized Innocent Peoples Property, Kept It for Years. What Will SCOTUS Do?

#119
post #17

This graph from the 2015 article "Law enforcement took more stuff from people than burglars did last year" really rammed this home for me: https://www.washingtonpost.com/news/wonk/wp/2015/11/23/cops-...

other robbers https://www.fakhimi.com/photos/robbery-versus-burglary.jpg

The bottom right of that slide says "victims are absent", then proceeds to show someone violently attacking a victim. Pretty self-contradictory.

The entire right side seems to be trying to redefine what "Burglary" means in everyday English. It means people stealing things, without the victims finding out right away, and without intimidating or threatening anyone.

The definition is completely overbroad, and seems like it's done with some agenda. Someone "entering with intent to commit a crime" is not always burglary, for example someone intending to defecate in a hallway or spray graffiti in the bathroom is not a burglar.

Re: Police Seized Innocent Peoples Property, Kept It for Years. What Will SCOTUS Do?

#120

Earlier quoted context omitted.

> In fact, I've never even heard an unreasonable defense. I suspect like many things, there was some logic to the introduction. But it's just gotten to really batshit levels that there is probably nothing to do but stop the practice. As I understand it, some of the origins were that for debts owed to the government, with the person not present in the country, it was much more practical to target assets that may exist…

Civil forfeiture in the United States > History > Holder / Obama: https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United... Account for the seized assets. Interledger Protocol works with any type of (digital) asset ledger; W3C ILP. The FTC CAT Consolidated Audit Trail system does not uniquely identify individual bills / [ledger] dollars, either FWIU. But are photons uniquely identifiable either Due process: htt…

Articles 11, 17, 6 and 7 of the Universal Declaration of Human Rights specify rights to Due Process of law, Property, and Equal Protection of such rights.

Universal Declaration of Human Rights: https://en.wikipedia.org/wiki/Universal_Declaration_of_Human...

https://www.un.org/en/about-us/universal-declaration-of-huma...

There are 549 translations of the UDHR. https://www.ohchr.org/en/search?f%5B0%5D=event_type_taxonomy...

> Article 11: Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

> No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

> Article 17: Everyone has the right to own property alone as well as in association with others.

> No one shall be arbitrarily deprived of his property.

> Article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

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