Re:Police use new device to seize money in bank accounts or ...
by harryh on Wednesday June 08, 2016 @07:05PM
(#11866398)
So if it's clear that a person is in possession of illegally obtained property, but it's a mystery exactly how they got it so law enforcement can't indict them for a crime, they should just get to keep it?
Re:Police use new device to seize money in bank accounts or ...
by murjinsee on Wednesday June 08, 2016 @09:07PM
(#11866910)
If how the individual came into possession of the property is a mystery, how is it clear the property was illegally obtained? I would be hard-pressed to prove that many of my assets truly belong to me.
Edit: all of this is off-topic, as the bank can be proven the owner and the police would not keep the money.
Re:Police use new device to seize money in bank accounts or ...
by JetSpiegel on Wednesday June 08, 2016 @09:20PM
(#11866957)
If it's "clear" the money result from illegal activity, they will be charged with a crime.
Surely you are not advocating replacing the courts with truthiness and gut feelings?
Re:Police use new device to seize money in bank accounts or ...
by harryh on Thursday June 09, 2016 @07:48AM
(#11868745)
No, I'm just saying that the legal standard for proving that property (usually money) was obtained illegally is lower than the legal standard for convicting someone for a crime and throwing them in jail.
Asset forfeiture is, and always has been, subject to judicial oversight.
Re:Police use new device to seize money in bank accounts or ...
by 15charlimit on Thursday June 09, 2016 @12:58PM
(#11870640)
The entire point of this story (and others like it) is precisely that there is NO judicial oversight over this kind of police theft.
Re:Police use new device to seize money in bank accounts or ...
by harryh on Thursday June 09, 2016 @01:26PM
(#11870847)
That is a misreading of the story. This story outlines a method that allows law enforcement to confiscate money stored on pre-paid credit cards in a similar fashion to how they've previously confiscated cash. It says nothing at all about judicial oversite.
There are, in fact, well established and relatively simple procedures for contesting civil forfeiture. There is a fair argument to be made that they sometimes don't work as well as they should but when you say that there is "NO judicial oversight" at all you are just just flat out wrong. You need to update your worldview if you want it to conform to reality.
Yes. The money may be held in escrow pending the trial, but appropration by police is unjust -- and should be illegal if the person is not charged and arrested.