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Old 02-19-2015, 08:28 PM   #1
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Exclamation Civil Asset Forfeiture

I was just reading a message thread about whether to carry cash or use credit cards and someone had bought up Civil Asset Forfeiture as an example not to carry large amounts of cash. I find this to be a very interesting topic, Civil Asset Forfeiture that is, not whether cash or credit cards should be used. If nothing else I hope to educate people about this but I would love to hear peoples opinion on the topic, especially lawyers or law enforcement regardless of employment status.

I will provide some links but to some it up law enforcement can seize your cash and or property if they believe it is going to be used to commit a crime without ever charging you for a crime. For example a large amount of cash could be used to buy drugs and be taken from you. I've never heard of the following example but from what I have read not far from the realm of possibility ... sieze your RV if you heading in to Mexico as you could be going there to buy drugs or smuggle people out. This is very real. Some of you are probably thinking I've lost it. Read some of the links and tell me what you think!

I personally think this is insane. It makes me unbelievably mad just thinking about it. I am the type of person to always listen and to evaluate all sides of an argument and seldom form "strong" opinions but you ask me crap like this is going to start another civil war.

Anyway, what say you?

Civil Asset Forfeiture: 7 Things You Should Know
https://www.aclu.org/criminal-law-re...set-forfeiture
Salisbury man escapes asset forfeiture snafu, recoups $19K | The Herald-Sun
There are hundreds of stories like the last link.
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Old 02-19-2015, 09:47 PM   #2
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I use a card most'ly but have 7500 cash for just in case's
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Old 02-19-2015, 09:49 PM   #3
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Don't go to Mexico. Last place I'd ever want to go.
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Old 02-19-2015, 10:21 PM   #4
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if you get pulled over and the police find that money in a search You could very well lose it. even if you don't concede to a search a police dog can do a walk around and give a positive sign to the scent of drugs which is often coaxed. The police can then search your vehicle and bye bye money. Jez... I'm starting to sound like a conspiracy theorist. Lol. everything I'm spewing out btw I'm just repeating from news articles. You can't make this stuff up. I do wonder however if you keep money in a safe if they need a search Warrant to get in it.I apologize for capitalization I am typing this on my cell phone
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Old 02-19-2015, 11:01 PM   #5
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Has anyone on this forum actually been in this specific situation?

Are there any law enforcement employees on this forum who can comment on this for a reality check?
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Old 02-19-2015, 11:48 PM   #6
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It is happening, in Monterey, Tn. a friend of mine lives there and confirmed it for me. Makes me feel really great.

Know your rights. Exercise them. Get your camera out and record them back for your own protection.

Man Loses $22,000 In New 'Policing For Profit' Case - NewsChannel5.com
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Old 02-20-2015, 01:39 AM   #7
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There was a Canadian government travel advisory that went out on this about 6 months ago. Really sad the way it seems to have been abused
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Old 02-20-2015, 06:47 AM   #8
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There was a Canadian government travel advisory that went out on this about 6 months ago. Really sad the way it seems to have been abused
The abuse is outrageous. IMO though this shouldn't be allowed period! How can they take your assets when you haven't even been convicted of a crime? Hell, they can take your assets without even charging you of a crime, never mind conviction!
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Old 02-20-2015, 06:48 AM   #9
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I don't have any cash, but only $100 bucks the rest is on my Debit card. If and when I need it I go to a bank and get some.
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Old 02-20-2015, 07:00 AM   #10
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I don't have any cash, but only $100 bucks the rest is on my Debit card. If and when I need it I go to a bank and get some.
JMO
While this might work for some, I think the statement misses the point put forth by the OP.

The law was passed as part of the war on drugs, with the assumption that LEOs would have good, probable, cause to confiscate money, cars, etc. from felons.

Just as the banking act that out-lawed red-lining, the intentions fell short of being good laws because the business community is smarter than law-makers.

Various police agencies saw this as a way to enrich themselves at (mostly) out-of-town travelers' expense. Trying to get money back is severely hindered by judges and DAs that are enriched by....confiscated money. Remember Waycrosss, GA, back in the day? Cops to judges were all in on it, with travelers being the innocent victims.

As a guy that's gone cross-country with many thousands of dollars for boats or cars, this has changed the way I do business. Loss of freedom has hit home for those of us that thought cash was king.
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Old 02-20-2015, 07:05 AM   #11
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Interestingly enough Attorney General Eric Holder is changing the way Civil Asset Forfeiture works for the better but my understanding is states can still follow their own laws on this regardless of federal law. All that said it doesn't really matter anyways because Eric Holder is out and Loretta Lynch is in. She is a huge proponent of Civil Asset Forfeiture. Funny timing!
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Old 02-20-2015, 07:07 AM   #12
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Originally Posted by rollingslow View Post
I use a card most'ly but have 7500 cash for just in case's
$7,500 in cash???? Gosh, I feel funny when I get $100 in cash!!!! But then I get it in 10 dollar bills so it feels like a lot more than $100!
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Old 02-20-2015, 08:20 AM   #13
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I don't have any cash, but only $100 bucks the rest is on my Debit card. If and when I need it I go to a bank and get some.
JMO
Tim
If they say you are crossing state lines to buy drugs your 100 bucks is the least of your worries. They will take your motorhome. Police in certain jurisdictions and states actually attend training to train them what assets are worth taking.

http://www.nytimes.com/2014/11/10/us...eize.html?_r=0
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Old 02-20-2015, 08:40 AM   #14
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The new no pin required Debt card policies at Walmart & others concern me.
No pin is required if no cash back requested.

Cashier at Walmart told us about it last week.
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