Friday, July 14, 2006

The Gang and the Government they're no different . . .

Property seizure laws are really bad for our civil liberties. It's even worse when the department comes under investigation for corruption.

This supports my suggested constitutional amendment which would prohibit the government from profiting from law enforcement.

Kid H.


Blogger Chowda said...

I have a couple questions for our lawyer types who read Scaggsville:

1) How broad is the definition of probably cause - which I'm assuming is the rationale how these cops were allowed to search the vehicle?

2) So, if I just happen to be coming back from Home Depot, and let's just say my can of paint and putty somehow leaks. I then get pulled over for speeding. Can the cop legally search my car because he or she smelled paint and putty?

3) How much money CAN I keep in hidden compartments in my car, pocket, body without getting arrested?

I have more, but this will do for now.

12:27 PM  
Blogger Chowda said...

yes i realize it's probable cause...f'ing keyboard is too damn small to spell correctly.

12:28 PM  
Blogger Kid Handsome said...

Very Generally:

1. Legally, it's limited somewhat, but the reality is that probable cause is very broad (you can get a warrant pretty easily). Some things that can result in probable cause include: Odors; any evidence of a crime that is in plain sight; things like slurred speech, etc.. Also, you can be searched incident to arrest (for more serious offenses), which evades the warrant requirement.

2. Not sure about the can of paint and putty. I'm not sure what that we give an officer probable cause to believe. With things like marijuana and crack cocaine, the officer "knows" the smell due to training and experience. I don't think odors, per se, create probable cause - just certain common ones. (hopefully someone will correct me if I'm wrong).

3. You can keep as much as you want so long as you're prepared to prove that the money was for a legal purpose and is, in fact, yours. However, like I said, you have to prove it - government seizure laws seem to ignore that the government is supposed to prove guilt.

BTW - these seizure laws have been adapted from old laws we used to go after pirates. There is really no place in today's society for these laws (in my opinion obviously). It just leads to more money for governments, which gives them more incentive to create laws that allow them to seize your property, which promotes corruption, bureaucracy and general government bloat.

These seizure laws are really really bad for the ol' US of A.

12:46 PM  
Blogger Chowda said...

How would I go about "proving" that money I have in my possession is actually mine? Can I just write my name on every bill?

10:56 AM  

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