this post was submitted on 16 Jun 2023

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Using loophole, Seward County, NE seizes millions from motorists without convicting them of crimes (flatwaterfreepress.org)

submitted 1 year ago by alyaza@beehaw.org to c/news@beehaw.org

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[–] Vorticity@beehaw.org 29 points 1 year ago* (last edited 1 year ago) (3 children)

I've never understood how civil asset forfeiture is constitutional. It seems like a 4th amendment violation.

Can someone point me to the judicial decisions that lead to this being legal?

[–] Widget@kbin.social 15 points 1 year ago

Because it usually happens to "those" people.

[–] SlowNPC@kbin.social 9 points 1 year ago

It is a 4th amendment violation, but some shit judge ruled otherwise at some point so they get to pretend it isn't.

[–] TheTrueLinuxDev@beehaw.org 7 points 1 year ago* (last edited 1 year ago)

It IS 4th amendment violation, period. It just that we're suffering from the repercussion of the fundamental problem with Common Law (USA and UK) vs Civil Law (Rest of Europe except UK.)

Reference on this. And scroll down and you'll see a row saying "Constitution: Always (For Civil Law) and Not Always (For Common Law.)

[–] ProfessorGumby@midwest.social 27 points 1 year ago (1 children)

Civil forfeiture is theft plain and simple.

[–] Xariphon@kbin.social 18 points 1 year ago

Truth.

ACAB.

[–] RedditExodus@kbin.social 7 points 1 year ago (1 children)

I know they can seize other things than money but I always make a point to carry very little cash whenever I travel.

[–] Bowen@beehaw.org 2 points 1 year ago* (last edited 1 year ago)

There's very little reason to do so. You could get robbed by anyone on the way to wherever you're going, it just so happens to be the police this time. I don't really understand the "I don't trust banks" nonsense. All that said, fuck the cops, and fuck this civil forfeiture shit.

[+] Syldon@lemmy.one 5 points 1 year ago* (last edited 1 year ago) (2 children)

[deleted]

[–] socphoenix@midwest.social 8 points 1 year ago (3 children)

In the article they stated one of the drivers did that, so they brought in a “drug dog” that of course signaled at the car so they took that as cause to search. I bet that dog just signals at every car it sees

[–] RyeBread@feddit.de 4 points 1 year ago

At least in the US, the police found that the chances that a drug dog actually finds drugs is about 50/50. Which are not odds they like when it means they have to get a warrant, do the minimum amount of explaining to a judge, and do their job for once. So they found it was easier to train drug dogs to respond to signals and jump at a car on small signals or command. That way they jump on the cops suspicion and their 50% turns to 100%. If they find drugs then great, the dog let them bypass the warrantt and true due process. If not, then you have no recourse for action. Drug sniffing dogs for your local middle of nowhere PD are a joke.

[–] squaresinger@feddit.de 2 points 1 year ago

"The dog didn't miss a single drug dealer's car, it's just great!"

[–] alyaza@beehaw.org 4 points 1 year ago

i would imagine this is contingent on people knowing their rights under the law, and most people very much do not (and cops aren't about to help them unless they literally have to)