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deminks

(11,014 posts)
Fri Jan 16, 2015, 04:36 PM Jan 2015

U.S. attorney general bans asset seizure by local police

Source: Reuters

WASHINGTON (Reuters) - State and local police in the United States will no longer be able to use federal laws to justify seizing property without evidence of a crime, U.S. Attorney General Eric Holder said on Friday.

The practice of local police taking property, including cash and cars, from people that they stop, and of handing it over to federal authorities, became common during the country's war on drugs in the 1980s.

Holder cited "safeguarding civil liberties" as a reason for the change in policy.

The order directs federal agencies who have collected property during such seizures to withdraw their participation, except if the items collected could endanger the public, as in the case of firearms.


Read more: https://uk.news.yahoo.com/u-attorney-general-bans-asset-seizure-local-police-195542428.html#GTJVTOc

71 replies = new reply since forum marked as read
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U.S. attorney general bans asset seizure by local police (Original Post) deminks Jan 2015 OP
"Safeguarding civil liberties." Aristus Jan 2015 #1
But, but... Eric Holder! Barack Obama! Police State! FEMA camps! Free Obamaphones! freshwest Jan 2015 #3
That' "Obamaphones"! 1StrongBlackMan Jan 2015 #14
also known as Bush Phones PatrynXX Jan 2015 #31
But ... But ... 1StrongBlackMan Jan 2015 #34
You know, I was going to edit to that but had to leave... I'll fix that now! freshwest Jan 2015 #42
What is this about free cellphones/Obamaphones? jwirr Jan 2015 #33
Well, this was a classic rightwing taunt posted here... Omitting a racist comment... He got pizza. freshwest Jan 2015 #43
Thank you. Just wondered because I just applied for the Obamaphone. And I will be getting it. For jwirr Jan 2015 #44
Well, since you asked... VScott Jan 2015 #46
So that is where the "free stuff" came from. Actually is is cheaper than the little necklace that jwirr Jan 2015 #58
wait, wait, I NEVER got no damn Obamaphone! Where's the Dept. of Free Phones office? yurbud Jan 2015 #63
Could be hard. This action is widely popular. burning rain Jan 2015 #70
That is great news! Jim__ Jan 2015 #2
About f'ing time! n/t 2naSalit Jan 2015 #4
Holy Shit! Warren Stupidity Jan 2015 #5
"But why should people be able to keep their stuff christx30 Jan 2015 #6
Yes! Team Obama uhnope Jan 2015 #7
long overdue RussBLib Jan 2015 #8
hows about we classify Pot as a "pest weed" like Dandelions? easychoice Jan 2015 #52
This is probably the BIGGEST positive I ve seen in years!!! 7962 Jan 2015 #9
+1. There are mutual concerns that cross boundaries of politics uhnope Jan 2015 #12
Already got a few "likes" from my furtherest right FB friends! 7962 Jan 2015 #18
that's awesome. Maybe a few minds will change or at least see thru the baloney. uhnope Jan 2015 #21
Darn right! Lets make THIS the issue that they can agree on. I'd love it. Thanks for that link 7962 Jan 2015 #22
yeah I think I'm going to contact Sensenbrenner just to give him props on this uhnope Jan 2015 #30
It is about time! ne avebury Jan 2015 #10
YES!!! FINALLY!!!! Warpy Jan 2015 #11
WaPo link eridani Jan 2015 #13
3 BILLIONS stolen under the color of law. ChairmanAgnostic Jan 2015 #64
Cops in FL weep! lark Jan 2015 #15
Our local county exe shot down the DA's version he wanted... Historic NY Jan 2015 #16
Can you expand on who did what? What was the law? And is that "county executive"? 7962 Jan 2015 #19
Yes he is the head of the county government, several links to news stories... Historic NY Jan 2015 #48
That was a horrible proposal! Comrade Grumpy Jan 2015 #59
Highly recommend...very good news. n/t Jefferson23 Jan 2015 #17
If I'm understanding this correctly, it means in states without laws allowing forfiture at arrest... herding cats Jan 2015 #20
So, they're still gonna take away the guns????? freebrew Jan 2015 #23
Major win for everyone! Baitball Blogger Jan 2015 #24
Actually, there are enough state laws allowing asset forfeiture on the books. egold2604 Jan 2015 #25
Do you have a list of which ones?. . . n/t annabanana Jan 2015 #56
This is huge. blackspade Jan 2015 #26
HOLY SHIT AtheistCrusader Jan 2015 #27
not a fan of Holder by any stretch, but big ups to him for doing this frylock Jan 2015 #28
Bout freaking time! progressoid Jan 2015 #29
My sentiments exactly nikto Jan 2015 #50
this may be very good samsingh Jan 2015 #32
Advice to Canadians from the CBC mfr4 Jan 2015 #35
Thank you AG Holder!!!!!!!!!!! sheshe2 Jan 2015 #36
But'----but El Shaman Jan 2015 #37
Well, we know what this means. Back to making up more crimes. nt valerief Jan 2015 #38
!!!!!!!!!!!!!!!!!! FiveGoodMen Jan 2015 #39
Woot! on AG Holder. Thank you. Thank you. Thank you. 99th_Monkey Jan 2015 #40
I don't get to say this often enough: beerandjesus Jan 2015 #41
Holy crap. This ends the "war on drugs" within a decade or so Recursion Jan 2015 #45
This is excellent news! Ramses Jan 2015 #47
It's about time. JDPriestly Jan 2015 #49
This message was self-deleted by its author Enthusiast Jan 2015 #53
Good! n/t PoliticAverse Jan 2015 #51
Kick for Good news. nt raouldukelives Jan 2015 #54
State and local police Jhon Smith Jan 2015 #55
This is so long overdue, and it took a Republican congressman mountain grammy Jan 2015 #57
There has been bipartisan pressure for asset forfeiture reform. Comrade Grumpy Jan 2015 #60
You know, you're right, mountain grammy Jan 2015 #65
This is excellent as seizure & local fine revenue are main reasons our police are out of control. Sunlei Jan 2015 #61
Yayyy! Finally! nt Duval Jan 2015 #62
A victory for the rule of law. Faryn Balyncd Jan 2015 #66
Thanks, Obama! reddread Jan 2015 #67
awesome! k & r! n/t wildbilln864 Jan 2015 #68
and a kick! n/t wildbilln864 Jan 2015 #69
Thank You Obama Administration, I STILL Have Your Back!!! Corey_Baker08 Jan 2015 #71

freshwest

(53,661 posts)
3. But, but... Eric Holder! Barack Obama! Police State! FEMA camps! Free Obamaphones!
Fri Jan 16, 2015, 04:43 PM
Jan 2015

Last edited Fri Jan 16, 2015, 10:22 PM - Edit history (1)

PatrynXX

(5,668 posts)
31. also known as Bush Phones
Fri Jan 16, 2015, 07:00 PM
Jan 2015

which Bush created in 2008 because it was cheaper than the land line Reagan Phones

freshwest

(53,661 posts)
43. Well, this was a classic rightwing taunt posted here... Omitting a racist comment... He got pizza.
Fri Jan 16, 2015, 10:41 PM
Jan 2015
Here's the plan that was put into operation when Obama won re-election in 2012:

Urgent Message For All Teapublicans


Dear Teapublicans,

Please be advised that your days of freedom are numbered now. In FACT the buses will be along in just 48 hours now to collect you from your homes and transport you to those FEMA death camps where you'll be forced to endure nonstop liberal propaganda and sharia law. You'll be put to work in chain gangs repaving roads and reparing bridges...


OMIT! OMIT!! OMIT!!!

Your homes and belongings will be redistributed amongst the union thugs who run the camps and your bibles will be used as fuel to heat those homes. You will endure psychologically scarring conditioning regimens to convert you into muslim atheists like Obama and you will all be given free cell phones whether you want them or not

bwahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

http://www.democraticunderground.com/?com=view_post&forum=1251&pid=212590

I was on the Jury and voted to hide based on the omitted part. Someone made a thread on my response. Yes, I was infamous Juror #6:

Best Juror comment ever & possible questionable hide...

I've recently completed serving on a jury in which the alerted post was successfully hidden but now I'm wondering if I made a mistake in agreeing to vote to hide. I did a brief background check on the poster who was being jurified and only had the time to discover two other posts that were exactly the same as the one in question (and both had already been hidden by other juries), but after the results came back, I continued searching for the guy's other posts and found that I may have been mistaken in suspecting tea-thuggery tactics. An explanation given by another juror is what inspired me to dig a little deeper and has now caused me to be uncertain whether the right course of action was taken.

Here is that other juror's comment:

Juror #
6 voted to HIDE IT and said:


I'm laughing my ass off, but I guess this shouldn't be here. The guy has 7 posts, with 2 already hidden, a bragging profile and has got the wingnut dogma down pat.

I don't know why his other posts were hidden. Maybe he's drunk as a skunk tonight. Maybe he's a troll here to make DU looks bad to those who are lurking.

The use of the racist theme is the reason I'm voting to hide. If he'd used a icon I guess it would pass with an edit, but he really did say exactly what wingnuts believe. Still...

Other that that, I'm at this wingnut taunting post.

'Given free cell phones whether they want them or not.'

At the FEMA death camps. OMG.

*spits on monitor*

Reluctantly, I vote to hide.


The origin of the 'Obamaphone' slur is from a program in effect for decades to help battered spouses call for help when their partner is denying them access to the phone or leaving the house in order to call for help.

It's been used as a lifeline for homeless people. It's not a luxury item, only profressional Ignoratti (and their listeners) claim such. It has also been used as a racial slur with images of black women happy about getting a cellphone.

jwirr

(39,215 posts)
44. Thank you. Just wondered because I just applied for the Obamaphone. And I will be getting it. For
Fri Jan 16, 2015, 10:45 PM
Jan 2015

anyone on SSI or something like that they should google and look into it if they are having a hard time.

jwirr

(39,215 posts)
58. So that is where the "free stuff" came from. Actually is is cheaper than the little necklace that
Sat Jan 17, 2015, 11:41 AM
Jan 2015

the elderly and disabled can get through Medicare and Medicaid. So not so free after all - actually a way to save money.

Jim__

(14,077 posts)
2. That is great news!
Fri Jan 16, 2015, 04:39 PM
Jan 2015

Asset seizure, based on the fact that the cops felt like it, has always been pure bullshit.

christx30

(6,241 posts)
6. "But why should people be able to keep their stuff
Fri Jan 16, 2015, 04:53 PM
Jan 2015

just because they haven't commited a crime?"

Yeah... I'm having a hard time finding a reason to be against this move. civil asset forfeiture was a terrible idea. Glad it's going away.

RussBLib

(9,020 posts)
8. long overdue
Fri Jan 16, 2015, 04:55 PM
Jan 2015

as is the re-classification of marijuana from a Schedule I drug to a II or III, or hell, just remove it completely!

easychoice

(1,043 posts)
52. hows about we classify Pot as a "pest weed" like Dandelions?
Sat Jan 17, 2015, 04:20 AM
Jan 2015

then we can regulate Pot like we regulate lawn weeds.That is where it belongs.
Get it the hell off of any Federal or State Drug Schedule.

 

7962

(11,841 posts)
9. This is probably the BIGGEST positive I ve seen in years!!!
Fri Jan 16, 2015, 04:55 PM
Jan 2015

I cant WAIT to send this to some of my friends who go on and on about how bad he is, but also cannot STAND the asset stealing.

 

7962

(11,841 posts)
18. Already got a few "likes" from my furtherest right FB friends!
Fri Jan 16, 2015, 06:25 PM
Jan 2015

One even commenting "I cant believe it. Thats great"
I also commented that we now need to pressure the state and local govts to follow along on this.

I wonder why this came up like it did? I havent seen any news regarding this issue being brought to his attention

 

uhnope

(6,419 posts)
21. that's awesome. Maybe a few minds will change or at least see thru the baloney.
Fri Jan 16, 2015, 06:38 PM
Jan 2015

I'm not sure, but the issue has really been in the news recently.
---
Okay I found this:

House lawmaker questions civil seizures in letter to Attorney General Eric Holder

A leading House lawmaker asked Attorney General Eric H. Holder Jr. on Friday to provide an array of documents and data relating to the Justice Department’s role in tens of thousands of cash and property seizures made in recent years by state and local police under federal civil asset forfeiture laws.

The request by Rep. F. James “Jim” Sensenbrenner Jr. (R-Wis.), chairman of the House Judiciary subcommittee on crime, terrorism, homeland security and investigations, is part of an inquiry into the billions of dollars in seizures made through the Justice Department’s Equitable Sharing Program, the federal government’s largest asset forfeiture initiative.

http://www.washingtonpost.com/investigations/house-lawmaker-questions-civil-seizures-in-letter-to-attorney-general-eric-holder/2014/10/24/f0f7a770-5b8b-11e4-b812-38518ae74c67_story.html

Yes--Holder replied to a GOP Congressmen on this issue! A GOP Congressmen who was doing the right thing! There is hope for America!!!!

I think that deserves a new thread
 

7962

(11,841 posts)
22. Darn right! Lets make THIS the issue that they can agree on. I'd love it. Thanks for that link
Fri Jan 16, 2015, 06:43 PM
Jan 2015

Maybe I'll contact my GOP senators and representatives. Because thats all I have!!

Warpy

(111,276 posts)
11. YES!!! FINALLY!!!!
Fri Jan 16, 2015, 05:21 PM
Jan 2015

The dirty secret is that town police departments have grown fat on forefeiture without charging anyone with a crime. Either the property owner has to pay them a large fee to contest having his property stolen or they get to keep and then auction off the property. It's why dinky suburbs like Ferguson can afford all that military hardware and riot gear.

This is the first step toward turning the police from a paramilitary organization whose enemy is the general public back into local cops.

Property forefeiture in the absence of a prosecutable crime is one of the worst ideas the fascists in this country ever came up with. It's a measure of how corrupt the USSC has been that it was upheld for so many years, even though it's in direct conflict with the Fourth Amendment.

eridani

(51,907 posts)
13. WaPo link
Fri Jan 16, 2015, 05:55 PM
Jan 2015
http://www.washingtonpost.com/investigations/holder-ends-seized-asset-sharing-process-that-split-billions-with-local-state-police/2015/01/16/0e7ca058-99d4-11e4-bcfb-059ec7a93ddc_story.html?tid=pm_investigations_pop

Attorney General Eric H. Holder Jr. on Friday barred local and state police from using federal law to seize cash, cars and other property without proving that a crime occurred.

Holder’s action represents the most sweeping check on police power to confiscate personal property since the seizures began three decades ago as part of the war on drugs.

Since 2008, thousands of local and state police agencies have made more than 55,000 seizures of cash and property worth $3 billion under a civil asset forfeiture program at the Justice Department called Equitable Sharing.

The program has enabled local and state police to make seizures and then have them “adopted” by federal agencies, which share in the proceeds. The program allowed police departments and drug task forces to keep up to 80 percent of the proceeds of the adopted seizures, with the rest going to federal agencies.

“With this new policy, effective immediately, the Justice Department is taking an important step to prohibit federal agency adoptions of state and local seizures, except for public safety reasons,” Holder said in a statement.

lark

(23,105 posts)
15. Cops in FL weep!
Fri Jan 16, 2015, 05:59 PM
Jan 2015

They have been getting millions of dollars worth of high speed boats, nice cars and cash and now won't be able to get these nice toys anymore.

Historic NY

(37,451 posts)
16. Our local county exe shot down the DA's version he wanted...
Fri Jan 16, 2015, 06:13 PM
Jan 2015

in my county. It was passed by the leglislature and he vetoed it after public outcry.

 

7962

(11,841 posts)
19. Can you expand on who did what? What was the law? And is that "county executive"?
Fri Jan 16, 2015, 06:30 PM
Jan 2015

We dont have those here. Is that like the chairman of the county or what?

 

Comrade Grumpy

(13,184 posts)
59. That was a horrible proposal!
Sat Jan 17, 2015, 12:54 PM
Jan 2015

Asset forfeiture for misdemeanors. What assholes. Good for the county executive.

herding cats

(19,565 posts)
20. If I'm understanding this correctly, it means in states without laws allowing forfiture at arrest...
Fri Jan 16, 2015, 06:32 PM
Jan 2015

Where they've relied on the federal equitable sharing clause, they will no longer be able to get away with seizing the assets other than those which could be a danger to the public, i.e. weapons, etc.? I think that's what he just did, and I approve his actions if that's correct.

If you live in a state where they do not have laws allowing property forfeiture the moment they accuse you of a crime, then their shouldn't be loopholes to allow them a way around that.

freebrew

(1,917 posts)
23. So, they're still gonna take away the guns?????
Fri Jan 16, 2015, 06:44 PM
Jan 2015

but whattabout the NRA??
Whattabout that gun company that moved its factory to a non-union state?


OH NOES....my head hurts.

Baitball Blogger

(46,736 posts)
24. Major win for everyone!
Fri Jan 16, 2015, 06:50 PM
Jan 2015

Seems strange that local government, which has shown complete disregard for federal law wherever they can get away with it, has used it to seize property under the drug laws.

egold2604

(369 posts)
25. Actually, there are enough state laws allowing asset forfeiture on the books.
Fri Jan 16, 2015, 06:50 PM
Jan 2015

Actually, there are enough state laws allowing asset forfeiture on the books. Now the state can keep it all.

 

nikto

(3,284 posts)
50. My sentiments exactly
Sat Jan 17, 2015, 03:42 AM
Jan 2015

I was hoping for much more from Holder at the start, but soon came to wonder---Who is this idiot?
(BTW, same as I felt about Arne Duncan, Geitner, and a few other Obama appointees).

The (Bush-generated program) "Fast and Furious" BS was never a factor for me--That always smelled like
a classic GOP "dirty-trick" set-up, from a mile away.

I hated Holder's repeated busting of legal medical cannabis dispensaries in CA, and his big, backroom
deals with Wall St, letting big banksters off the hook, and, as our AG, helping establish the
"Too big to fail, too rich to jail" standard that ails the Nation now. Tragic, IMO.

At least this is a step in the right direction.

Recursion

(56,582 posts)
45. Holy crap. This ends the "war on drugs" within a decade or so
Fri Jan 16, 2015, 10:56 PM
Jan 2015

If forfeitures stop making departments money, the whole enforcement logic goes away.

 

Ramses

(721 posts)
47. This is excellent news!
Fri Jan 16, 2015, 11:13 PM
Jan 2015

Obama and holder deserve full credit for this one. About time the 99% get some positive news.

Response to JDPriestly (Reply #49)

 

Comrade Grumpy

(13,184 posts)
60. There has been bipartisan pressure for asset forfeiture reform.
Sat Jan 17, 2015, 12:57 PM
Jan 2015

There was also a huge expose in the Washington Post in September.

I don't think anybody needed to "light a fire under Holder's ass." He's been pretty clear about getting rid of drug war excesses, whether its sentencing reforms, clemency, or letting the states experiment with pot legalization. He is by far the best AG when it comes to the drug war that we've seen in decades.

mountain grammy

(26,624 posts)
65. You know, you're right,
Sat Jan 17, 2015, 03:47 PM
Jan 2015

it's just frustrating that it took 6 years into a Democratic administration to take care of this thievery. As for Holder being the best AG for decades in the drug war? He's an improvement is the best I'll give him.

Sunlei

(22,651 posts)
61. This is excellent as seizure & local fine revenue are main reasons our police are out of control.
Sat Jan 17, 2015, 01:09 PM
Jan 2015

Police work 'ticket' quotas, and 'local fines' revenue streams need to be done away with also.

Faryn Balyncd

(5,125 posts)
66. A victory for the rule of law.
Sat Jan 17, 2015, 06:56 PM
Jan 2015



(There probably will remain a problem of civil forfeiture without due process which may be done by state law alone.

Such violations of due process, being unconstitutional, need also to be eliminated to fully restore the constitutional rule of law.)





but this is a major step forward!







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