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Policing for Profit: Outrageous Civil Forfeiture Case Begins Next Week

This is going on everywhere. Someone in your community - your town, your church, your social group, is going through something RIGHT NOW. PLEASE STAND WITH THEM NOW. If we don't literally stand together, we will be mowed down like rabid dogs. We must stand together in smaller groups, entirely peacefully, by simply walking with these people on their day in court.

Find out where the police state is in your town and stand up for justice NOW.

http://youtu.be/HGh-7LOzeHw

Full story:
http://xrepublic.tv/node/802

And - Original Source - Institute for Justice

The most contentious civil forfeiture fight in the nation will be the subject of a week-long trial starting Monday, November 5, 2012, in Boston. Throughout the week, the Institute for Justice, which represents the property owners in the case, will expose the ugly practice of civil forfeiture—where law enforcement agencies can pad their budgets by taking property from innocent owners who have never been convicted or even charged with a crime.




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Because a hotel owner didn't do enough to enforce drug laws

That were created by the state
And because the state is losing it's foolish drug laws and needs more money it figures it can take a hotel worth over a million to keep playing

Please subscribe to smaulgld.com

This is theft

Nothing else, no matter what fancy legalese they use. The feds are THIEVES and LIARS.
Disgusting thugs.

UnEFFING REAL

Another example of why we need the smallest govt possible. So damn tired of this type o sht.

fishyculture, thanks for the

fishyculture, thanks for the news.

Everyone, I haven't read these two books, but I want to. Perhaps they'll do you good, both of which are by Clint Bolick:

1) Leviathan: Growth of Local Government and the Erosion of Liberty
2) Two-fer: Electing a President and a Supreme Court

About Bolick:

Director of the Center for Constitutional Litigation at the Goldwater Institute has covered multiple topics including:

1/4) school choice (Clint previously served as the president and general counsel of the Alliance for School Choice);
2/4) the growth of local government (Clint is the author of Leviathan: The Growth of Local Government and the Erosion of Liberty);
3/4) activists judges (Clint authored David’s Hammer: The Case for an Activist Judiciary);
4/4) how litigation is an effective tool for advancing our liberty.

School's fine. Just don't let it get in the way of thinking. -Me

Study nature, not books. -Walton F. Dutton

Nice To See

...the motel owners still proudly displaying the US flag in the window. At least they can take comfort in knowing the Feds, when they take possession, will likely install a larg pole and oversized red, white and blue symbol of state worship.
I wonder if they're hoping Romney will win the election and come riding to their rescue in some way. The odds make it unlikely they support Ron Paul or his ideas ...yet.

Judgemental are we?

Too bad they don't have it all figured out like you.

Hopefully Not As Judgemental

...as the jurors who will determine their fate. They should pray that anyone like you, or I, or any others like us get placed on that jury.

Screw fighting the system,

Screw fighting the system, who uses your stolen money to destroy your life. Burn the business to the ground, collect the insurance money and move to a country (or another state) that has more freedom! If enough people did this, this country would've crashed and burned and possibly been back on the right track by now.

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

That's called fraud and you

That's called fraud and you can (rightly) go to prison for it.

Freedom in our lifetime! - fiol.us

You're right. I forgot we

You're right. I forgot we must lick the boots of our masters. Was it fraud what Washington, Jefferson, Madison, Adams etc. did or was it doing the right thing?

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

And the governments actions is not fraud?

Why does the Feds get the benefit of the doubt....

For Freedom!
The World is my country, all mankind is my brethren, to do good is my religion.

Public schools and federal

Public schools and federal parks probably have a higher incidence of drug incidents than this motel. I wonder what percentage of drug use could be found if everyone's suitcase was inspected at the larger chains.

For real?

Sounds like China....next they will show up with bulldozers....

If government had any purpose one of the most fundamental things for a free society to exist is to protect property rights.

This is a very serious matter and should be heavily pushed back upon. What a tragedy ....

For Freedom!
The World is my country, all mankind is my brethren, to do good is my religion.

This will be IJ's first Federal Civil Forfeiture case,

and unfortunately, unwinnable. Unless, of course, IJ can win a savvy jury that understands Jury Nullification. I will pray they do because any Fed. Prosecutor who loses a Civil Forfeiture case with ALL the cards stacked in his favor won't be fired, he'll be laughed out of town.

Here's what IJ is up against in Federal court.
Litigation Backgrounder—Fighting Civil Forfeiture Abuse

I liked this next 'article' best, which is actually an introduction to a book, because it lists all the Constitutional Rights, legal concepts, and notions (remember Presumption of Innocence?)that Civil Forfeiture violates. And it's mind-blowing, particularly for anyone who wants investments, a business, or already "owns" something that could be sold.

The Introduction to Your House Is Under Arrest

"If you want something you've never had before, you have to do something you've never done before." Debra Medina

Why unwinnable?

The second link says: " Even if you are totally innocent, you have to go through the whole process, and prove at trial that you didn't know of or consent to the illegal use of your property before you can get it back."

So why is this unwinnable? According to the article they did everything they could conceivably do to stop the illegal activity, so they clearly weren't consenting to it. Unless there's something else to the story, what's the prosecutor's argument going to be that they knew of and consented to the illegal activity?

Read the first link.

.

"If you want something you've never had before, you have to do something you've never done before." Debra Medina

Unwinnable by Design

as IJ points out in the first link and then the second I posted. Your quote from my second link just illustrates what is wrong, not right, with Civil Forfeiture, on the Federal level.

It's not a person (who commits a crime and is being charged), it's his property that's committed the crime! The property owner has no legal standing under this law, innocent or guilty, not even (as your quote rightly points out) to a jury trial or a court appointed attorney.

That this case is even going to trial is a small miracle. That IJ picked it up is a miracle.

This is why I posted the law, the first link, which IJ is up against. It's designed to be unwinnable!!!!!! That they're taking it on is a miracle, but to win will take Divine Intervention. That's what I'm praying for.

"If you want something you've never had before, you have to do something you've never done before." Debra Medina

Very difficult to win, yes, but impossible?

There's nothing at all right about the law being applied this way, and clearly they've stacked the deck against innocent owners. On the other hand (and correct me if I'm wrong) the "innocent owner" defense has been successful sometimes (http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?artic...). Again, I'm not defending the law, just saying that "unwinnable" seems too defeatist, if the facts are as the article describes them.

One point in their favor is that the case has gotten some national attention, such as this column by George Will:
http://www.washingtonpost.com/opinions/when-government-is-th...
"This was useful long ago against pirates, who might be out of reach but whose ill-gotten gains could be seized. The Caswells, however, are not pirates." Ideally courts are supposed to be objective, and if the facts are as the article states then the Caswell's *should* win because they meet the "innocent owner" defense. In reality courts aren't always objective, but publicity can help nudge them in that direction.

The case number seems to be "09-11635-JGD" in case anyone wants to go find some of the court documents and dig further.

Right On! 1992 ans 1993 Supreme Court decisions.

Now we're getting somewhere.

If I was on this Jury, I would nullify their a++++es!

Because it's peaceful and nice.

"If you want something you've never had before, you have to do something you've never done before." Debra Medina

Denise B's picture

Hearing stories

like this makes me literally want to cry. How far we have fallen from the land of the free...This is the first that I have heard of this, but I am from the Boston area and will do everything I can to support these people, as we all should. If this type of madness and tyranny is not stopped, it is just a matter of time until it becomes all of our stories.

There is simply no pretense of justice here

The government's position is openly naked usurpation of this couples property rights by a corrupt drug-war policy, which if applied to them, make all of us the potential victims by the loosest of associations.

It would be like them seizing an entire airline because some passengers smuggled drugs on board one of their planes, eh?

Find out just what any people will quietly submit to and you have the exact measure of the injustice and wrong which will be imposed on them. - Frederick Douglass

Denise B's picture

Well said,

and I think one of the most disturbing things of all is their current "no pretense of justice". They used to as least pretend that they cared about civil rights and justice, but lately it seems they've become bold enough to drop the charade. It has become so in your face and yet so much of the populace seems to remain unaware or unconcerned. We certainly have our work cut out for us.

Reminds me of another case I heard of.

A man was driving through the state of Tennessee when he was stopped for a routine traffic violation. Officers looked through his car and found some $25,000 in cash - which they promptly confiscated.

Turns out this guy had a side business buying cars he saw with "For Sale" signs on them. He could often get the best deal by offering cash on the spot. Thats why he had a large amount of cash. Records showed he had done this numerous times.

But because DRUG dealers also typically conduct transactions in cash - that was all the reason police needed to keep his cash. No evidence existed of course that this man had ever bought or used drugs EVER. But it didn't matter.

This man eventually won the cash back - but the officer who took the cash was defiant till the end. In a TV interview he said he would gladly do it again.

Suppose

This is part of Agenda 21? Just a thought.

skippy

And WHY do we still have government????

And can someone remind me what's the reason we still keep this trash heap of a gang of marauders called government around???

They help us do what? How do they improve our lives? What purpose does it serve? How does the consolidation of power into the hands of the few benefit Liberty for the many?

All I see is a gang of thieves organized in this thing called government that then uses this organization on behalf of powerful interests to rob, rape and pillage Americans financially and sometimes physically.

Again, what's the purpose of keeping this thing called government when it's starring role is the destruction of Life, Liberty and Property.

It's time we think differently about what government is and why we even need it anymore.

Government is truly an outdated failed concept!

Love Liberty, be Vigilant

"Now the Lord is that Spirit: and where the Spirit of the Lord is, there is liberty" (2 Corinthians 3:17)

Faith in God will prevail all things!

Jobs!!

It's very nice for these people to have jobs. That is what I was told when the same thing happened to me. I could not believe what I hearing. That is the mentality of the liberal.
15 years later I still can't believe it. Now it's in full bloom, We have Obama!!

dave anderson

Another "Idea" - eliminate govenment

Ideas are great - but we should be past the "idea" stage and into the "how to" stage.

People on this site never even read

what others write on the subject of how to. ...let alone the action phase. Sometimes I think DP'ers are just as bad as those who live off American Idol gossip. They just have much more accurate gossip.

That's the point i was making...

That's the point i was making...

Love Liberty, be Vigilant

"Now the Lord is that Spirit: and where the Spirit of the Lord is, there is liberty" (2 Corinthians 3:17)

Faith in God will prevail all things!

Fully Informed Jury

IF jurors know their rights - not what the judge decrees what their rights are - these atrocities would stop.

See: Fully Imformed Jury Association www.fija.org

"The primary function of the independent juror is not,as many think,
to dispense punishment to fellow citizens accused of breaking various laws, but rather to protect fellow citizens from the tyrannical abuses of power by government."

The Constitution guarantees you the right to trial by jury. This means that government must bring its case before a jury of The People if government wants to deprive any person of life, liberty, or property. Jurors can say no to government tyranny by refusing to convict."