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How the DEA took a young man’s life savings without charging him with a crime

washingtonpost.com

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Re: How the DEA took a young man’s life savings without charging him with a crime

#4
I wonder how one's refusal to speak with police, combined with the mounting judicial pressure against suspicionless searches would interact with cash seizure operations.

After all: '"We don’t have to prove that the person is guilty," an Albuquerque DEA agent told the Journal. "It’s that the money is presumed to be guilty."'

Would/do Federal rules governing asset forfeiture operations permit agents to use a search refusal as PC for a search of a person and their effects?

I understand that this discussion is largely an academic one. Realistically, if the officer really wanted to search and was otherwise barred from executing a search, he would make a "My knowledge and training told me that he acted like a terrorist." claim in order to provide PC for the search.

Re: How the DEA took a young man’s life savings without charging him with a crime

#6
Civil forfeiture rules are disgusting. Sadly there are plenty of stories out there like this, people have lost their homes, cars and livelihoods because of these draconian laws around asset forfeiture.

The circumstances under which your property can be taken are incredibly overreaching and unfair. There have been situations where people have had their homes taken away for ridiculous situations like this one: http://www.forbes.com/sites/instituteforjustice/2014/08/26/p...

We need to get rid of these laws entirely or at the very least, make it a more fair playing field. The authorities should be expected to bring some evidence to the table, not assume guilty until proven innocence.

Re: How the DEA took a young man’s life savings without charging him with a crime

#7
post #3

The important bit: > he may have been singled out for a search because he was the only black person on that part of the train.

race-card popular lately, but civil forfeiture is a problem here. More race you bring - less efficient you get with fighting real issue at hands. If you do little research - people of all races and sexes were hurt by that, and local/federal police benefitted from it.

Re: How the DEA took a young man’s life savings without charging him with a crime

#8
post #3

The important bit: > he may have been singled out for a search because he was the only black person on that part of the train.

The important bit:

> The agent found Rivers's cash, still in a bank envelope.

Yeah, the police have a severe race issue, but civil asset forfeiture is being used against anybody that has anything worth taking.

Re: How the DEA took a young man’s life savings without charging him with a crime

#9
I really think we need to start using the word "steal" in headlines like this. "How the DEA stole a young man's life savings..."

I remember when this was passed (yes I was alive way back in the Reagan era). I was astounded because I had just learned the concept of due process. I knew then that this was going to be bad, in fact, I was outraged then.

This policy is the one that is a litmus test for me. You can't claim government is legitimate and in the best interest if the people when you have its agents engaging in (literal) highway robbery.

The argument at the time was that this was supposed to be for drugs. The whole basis of the drug war was that addiction is bad and thus to protect people, we need to get rid of drugs. OF course as the past century has shown this doesn't work (I'm including the prohibition era.)

But worse, it has twisted around and is now being used to cause suffering in people. Let me give you an example:

I went to the same high school as a guy who became an oncologist. Most of his patients were terminal. The DEA has decided that doctors giving terminally ill people drugs to relieve them of their pain is some sort of scourge on society... so they track how often they are prescribed... and then they average that and go after doctors who "over prescribe".

When they went after him-- he had a small practice-- they came in guns blazing, arrested everyone, stole all of his valuables, and his computers, stole the money from his bank and brokerage accounts. Stole the money his wife had. Stole the money his employees (most of whom were not wealthy.)

He was unable to afford a lawyer because they stole his money. Pre-trial they made many assertions and presented many documents he believe were dishonest or forgeries, but he could not prove it because they stole his computers and they were "accidentally damaged". They certainly weren't returning them.

They charged him and his wife, and told him that if they had to arrest his wife that she would be in jail as would he at lest a year before it came tot trial-- and so they'd place his kids with a permanent foster home.

But if he took their plea, he would get a reduced sentence (possibly it was probation, but It think it was 6 months in jail, plus probation) and they wouldn't charge his wife and employees.

Yes, they literally held his wife, kids and employees hostage (literally threatened if you want to be pedantic) unless he would admit to doing something illegal, even though he was just giving terminally ill people pain medication.

I think this whole affair is criminal, denying him adequate counsel by stealing his money, piling absurd charges on top of absurd charges to put others in jeopardy to manipulate him, it's all criminal.

He took the deal. His family was wiped out-- as part of the "deal" he gave up that money, and now the DEA is using it to buy toys for themselves... literally profiting from the crime. His family is in shambles because he can't practice medicine anymore.

Here's what's really absurd. The idea that terminally ill patients shouldn't be able to get take any drugs they want. Even if they risk overdose, it's a quality of life issue and effectively denying them is nothing short of torture. They shouldn't even need a doctors prescription. This is a fake crime created to exert control over the populace.

And you know what's worse?

Too many of the other people who went to this high school and knew him thought he deserved it... because obviously they wouldn't charge him if he weren't guilty.

How can I respect a government that practices this?

How can I respect Reagan who signed this into law? Or clinton who didn't try and repeal it? Or Bush who didn't either? Or Obama who not only did nothing, but had Joe Biden as his running mate?

How is this going to turn around? It's not until it starts getting painful. There are only a few ways to make things painful-- the ballot box is the preferred one but the two parties have that locked down with controlled nomination processes so no third party will have a chance.

Another is the bullet box and revolutions rarely turn out well... but they were the only method our founders could see to prevent exactly this situation. ("It's a republic... if you can keep it"... we've lost it.)

Finally is the soap box.

I'm getting off of mine now.

Re: How the DEA took a young man’s life savings without charging him with a crime

#10
While civil forfeiture is scary, my (very very brief) stint doing criminal law as a public defender showed me that there's also a bigger side of this -- seizing the assets of individuals who are charged with a crime so that they cannot attain private counsel, make bail, or receive any creature comforts while incarcerated. What will generally happen is that after sitting in jail for 120+ days, they'll jump at any opportunity to be released; that includes a plea agreement that includes no more jail time, but, generally also includes more financial obligations (probation, fine, license reinstatement) against the defendant.

We've moved away from a society where the police were there to truly protect and serve the community (think 1950's/60's beat cop walking the blocks during his shift) to a totalitarian police state (constant erosion of the 4th amendment, nexus centers, sweeping overreaches of the third party doctrine, stingrays, and mass deployment of license plate scanners). Big Brother would be proud.

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