Re:Cops still take more stuff from people than burglars do
by NoMoreNicksLeft on Wednesday August 02, 2023 @04:44PM
(#36977130)
It's worse than that.
You have to prove the cash did not commit a crime. This sounds absurd, but it's easily prove, the cases are named things like United States vs. $117,000 in Cash and State of Missouri vs. Gold Jewelry Worth Approximately $1400.
But if that's not absurd enough for you, boy do I have some good news for you! Since the case is against the property, you the previous owner of that property don't automatically have standing. Court cases in the US are based on common law (except maybe Louisiana, who knows what goes on in that Bonapartist shithole), to appear in court at trial, you have to prove that you're actually a party to the case. It's automatic if you're the defendant in a criminal trial (or plaintiff in civil), or the prosecutor... but third parties are usually told to pound sand. And the case clearly names the property as the defendant.
Don't let me overstate it... as far as I know, no one's ever been denied standing when petitioning this, but it's another hoop to jump through. One that will cost you money.
If they seized less than $10,000 or so, forget it. It'll cost you that to get the stuff back. So they tend to target lesser amounts now days, knowing that no one will bother. And if it's a higher amount, they'll often try to settle... "hey we know it will cost you another $5000, so why don't you take half and we keep the rest?" Of course, you're still paying the lawyer a few grand to get that far, and it will come out of your $5000, and not their (using that word pains me) half.
If you haven't retched in your own mouth a little, then I still haven't properly explained how bad this is. Go read.
You have to prove the cash did not commit a crime. This sounds absurd, but it's easily prove, the cases are named things like United States vs. $117,000 in Cash and State of Missouri vs. Gold Jewelry Worth Approximately $1400.
But if that's not absurd enough for you, boy do I have some good news for you! Since the case is against the property, you the previous owner of that property don't automatically have standing. Court cases in the US are based on common law (except maybe Louisiana, who knows what goes on in that Bonapartist shithole), to appear in court at trial, you have to prove that you're actually a party to the case. It's automatic if you're the defendant in a criminal trial (or plaintiff in civil), or the prosecutor... but third parties are usually told to pound sand. And the case clearly names the property as the defendant.
Don't let me overstate it... as far as I know, no one's ever been denied standing when petitioning this, but it's another hoop to jump through. One that will cost you money.
If they seized less than $10,000 or so, forget it. It'll cost you that to get the stuff back. So they tend to target lesser amounts now days, knowing that no one will bother. And if it's a higher amount, they'll often try to settle... "hey we know it will cost you another $5000, so why don't you take half and we keep the rest?" Of course, you're still paying the lawyer a few grand to get that far, and it will come out of your $5000, and not their (using that word pains me) half.
If you haven't retched in your own mouth a little, then I still haven't properly explained how bad this is. Go read.