Re:Stop-And-Seize Turns Police into Self-Funding Gangs
by hyperpape on Friday November 13, 2015 @11:43AM
(#10560738)
You're not actually denying what I said. If they arrest you without a warrant, then they seize that gun without a warrant.
As for whether they should ever be able to seize a gun without arresting you, I'll defer an opinion--I feel like my knowledge of the variety of cases isn't up to snuff.
Re:Stop-And-Seize Turns Police into Self-Funding Gangs
by drumdance on Friday November 13, 2015 @11:27AM
(#10560641)
What if you were just passing through and they hit you with a bullshit charge, the fine for which is "give us your gun?" That's the way these laws often work. They snag people who don't live in the area and don't have the resources to fight them in court (especially if you seize their money).
Re:Stop-And-Seize Turns Police into Self-Funding Gangs
by Lawtonfogle on Friday November 13, 2015 @11:32AM
(#10560680)
Which is why either they have enough to arrest you, enough to get a warrant, or they don't take your property.
Re:Stop-And-Seize Turns Police into Self-Funding Gangs
by drumdance on Saturday November 14, 2015 @09:19AM
(#10565737)
But they do take your property.
"There have been 61,998 cash seizures made on highways and elsewhere since 9/11 without search warrants or indictments through the Equitable Sharing Program, totaling more than $2.5 billion. State and local authorities kept more than $1.7 billion of that while Justice, Homeland Security and other federal agencies received $800 million. Half of the seizures were below $8,800."
http://www.washingtonpost.com/sf/investigative/2014/09/06/st...
Yes they should. Either they are arresting you and the gun gets processed like everything else, or they aren't arresting you and thus need a warrant to seize anything from you. If they don't have enough evidence to arrest you for the crime then they don't have enough evidence to seize the gun without a warrant.