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Re:Police Seized Innocent Peoples Property, Kept It for Year... by danbruc on Friday September 01, 2023 @02:00PM (#37354190)
Wait, what? In the US law enforcement can just take peoples' stuff and then the people have to prove that they are innocent in order to get their stuff back? Should this not be the other way around, law enforcement has to prove - within some reasonable amount of time - that the person is guilty, otherwise they get their stuff back, plus some compensation for incurred costs? But even if the person is guilty, why can the state take their stuff to begin with, at least beyond what is required or might reasonably be required to pay for fines or compensations or was acquired illegally?
Re:Police Seized Innocent Peoples Property, Kept It for Year... by soneil on Friday September 01, 2023 @02:39PM (#37354619)
You should read up on civil asset forfeiture - it's hilariously obtuse.

They arrest your money. You are not accused of a crime, your money is. Your money is not a person, and thus has no constitutional rights. Your money is not innocent until proven, that's a silly system reserved for persons - instead, your money must prove its innocence. And thus you get cases with absurd titles such as "United States v. $84,740.00 U.S. Currency" ( https://casetext.com/case/us-v-8474000-us-currency )

I'd love to say you can't make this up, but they did.

Re:Police Seized Innocent Peoples Property, Kept It for Year... by cdchn on Friday September 01, 2023 @02:50PM (#37354734)
Here's even more absurd: United States v. Forty Barrels and Twenty Kegs of Coca-Cola

A federal suit under which the government unsuccessfully attempted to force the Coca-Cola Company to remove caffeine from its product.

Re:Police Seized Innocent Peoples Property, Kept It for Year... by danbruc on Friday September 01, 2023 @02:50PM (#37354743)
I remember some discussion here quite some time ago where somebody brought this up and linked to a list of the strangest cases, I still remember something like United States vs. a few tons of fish.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by cdchn on Friday September 01, 2023 @02:51PM (#37354755)
Wikipedia's list of "in rem" cases has a lot of them. https://en.wikipedia.org/wiki/Category:United_States_in_rem_...
Re:Police Seized Innocent Peoples Property, Kept It for Year... by danbruc on Friday September 01, 2023 @02:53PM (#37354783)
There it is. Seemingly it was not against complete fish.

United States v. Approximately 64,695 Pounds of Shark Fins [1]

[1] https://en.wikipedia.org/wiki/United_States_v._Approximately...

Re:Police Seized Innocent Peoples Property, Kept It for Year... by cdchn on Friday September 01, 2023 @03:38PM (#37355298)
I see one case against complete animals in US vs. 15 Impounded Cats.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by tempodox on Friday September 01, 2023 @04:13PM (#37355685)
In the middle ages they had a lawsuit against the woodworms that ate a pulpit because a preacher fell when it eventually broke down, but one can always optimize for more absurdity.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by winrid on Friday September 01, 2023 @04:22PM (#37355774)
United States v. One Solid Gold Object in Form of a Rooster

https://en.m.wikipedia.org/wiki/United_States_v._One_Solid_G...

Re:Police Seized Innocent Peoples Property, Kept It for Year... by phone8675309 on Friday September 01, 2023 @02:32PM (#37354556)
Thank Nixon and the war on drugs for this.

Joe Biden was also a huge fan of civil forfeiture in the 80s and 90s: https://fee.org/articles/how-a-young-joe-biden-became-the-ar...

Re:Police Seized Innocent Peoples Property, Kept It for Year... by yieldcrv on Friday September 01, 2023 @02:08PM (#37354290)
yes, just like the communists. the state can seize anything with no compensation. private property assurances were masqueraded as a distinctive tenet between the systems but they’ve both converged on a discretionary ownership reality.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by enterprise_cog on Friday September 01, 2023 @02:22PM (#37354459)
It is a bit bizarre to read about a system of exploitation that has flourished under a capitalist police state and then mention communists.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by ben940830298432 on Friday September 01, 2023 @02:36PM (#37354586)
It is a bit bizarre to read about police state where the police are a monopoly ran and controlled by the government and then call it capitalist.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by giraffe_lady on Friday September 01, 2023 @02:41PM (#37354644)
The role of the police in upholding and defending capital is a well understood mechanic of capitalism. It's either naive or disingenuous or hold that they are separate unrelated phenomena when literally centuries of experience and scholarship demonstrates how they are interconnected mutually reinforcing social structures.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by throwawaymaths on Friday September 01, 2023 @02:51PM (#37354764)
Capitalism is not a monolithic idea, and lots of capitalist scholars have challenged the validity of, variously:

- police writ large

- police monopolies

- any given police policy and its interaction with capital

Anyways, if police are supposed "to defend capital", then a policy of stealing capital from private individuals is exactly not capitalistic.

Re:Police Seized Innocent Peoples Property, Kept It for Year... by giraffe_lady on Friday September 01, 2023 @02:57PM (#37354817)
In this case we don't need to generalize across all systems that can be called capitalism, we have a specific instance in front of us to reason about. In the american system and its precursors, the role of the police is clear and well attested.

And people's personal property is not normally capital in the sense of capitalism, it not generally being the means of production or of reproducing capital itself. This is a really basic point which has me thinking we disagree on the fundamental terminology. Capitalism isn't a synonym for commerce, assets are not necessarily capital.

Re:Police Seized Innocent Peoples Property, Kept It for Year... by throwawaymaths on Friday September 01, 2023 @03:01PM (#37354858)
Despite being called capitalist, as a resident of the States that regularly visits other countries. I think many countries are more capitalist than the US, the US just gets called capitalist because we have fucked up healthcare and social services systems which themselves in the US to me seem like taking the worst aspects of socialism and combining them with the worst aspects of capitalism.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by isk517 on Friday September 01, 2023 @05:23PM (#37356324)
Might as well say "The role of the police in upholding and defending X is a well understood mechanic of Xism."
Re:Police Seized Innocent Peoples Property, Kept It for Year... by enterprise_cog on Friday September 01, 2023 @03:00PM (#37354853)
A little bit of fun trivia for you: state police were first founded to suppress unions and labor through violent means. Using Pinkertons caused backlash, so they integrated the Pinkertons into the government to give it legitimacy.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by kbenson on Friday September 01, 2023 @02:25PM (#37354489)
Eh, I'm not really pro communism, but it makes sense to me. If one of the central differences people focus on between the systems is private property, if someone sees that as somewhat of an illusion it makes sense to note it.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by wahnfrieden on Friday September 01, 2023 @02:28PM (#37354514)
Private property != personal property

Means of production is not the same as the shoes on your feet. It's just unfortunately confusing terminology that leads to twisted argumentation.

Btw, the alternative to capitalist liberal states is not exclusively authoritarian marxist-leninist communism. Not all anti-capitalists are pining for another different boot to lick.

Re:Police Seized Innocent Peoples Property, Kept It for Year... by Retric on Friday September 01, 2023 @03:08PM (#37354948)
A tool (boot, glove, knife, hammer, etc) is easily both the means of production and personal property. The distinction is in effect meaningless.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by enterprise_cog on Friday September 01, 2023 @08:22PM (#37357489)
A hammer isn’t a factory. There is a distinction, unless you don’t think industrialization had any effect on society.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by Retric on Friday September 01, 2023 @08:57PM (#37357714)
The rhetoric around the means of production was initially in reference to slaves. Communism was an offshoot of the abolition movement not in reference to at the time minimal number of factories. And in that context people did abandon slavery.

Even today factories aren’t the means of production, they don’t make houses that’s mostly people with hand tools. Nor do they make food or mine resources etc.

Re:Police Seized Innocent Peoples Property, Kept It for Year... by enterprise_cog on Friday September 01, 2023 @10:47PM (#37358178)
What point are you trying to make here? Marx’s writings were based on his observations of factories and industry in England at the time, among other things.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by Retric on Saturday September 02, 2023 @07:39AM (#37360571)
Marx was not the origin of communism. Which is why he was credited with the Marxism not communism.

The context for his writing wasn’t simply factory conditions being so so bad he created an ideology from whole cloth.

Re:Police Seized Innocent Peoples Property, Kept It for Year... by enterprise_cog on Saturday September 02, 2023 @12:30PM (#37363013)
This entire thread was in response to police stealing in the US, and someone responded referencing communists. Given they context, they were clearly talking about Marxism. The guy you responded to explicitly mentioned that. And then you go off on some other interpretation of the same words, clearly misinterpreting what they posted to argue some other point.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by Retric on Saturday September 02, 2023 @02:18PM (#37364054)
Assuming someone misspoke to support your point is a bit much.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by Nasrudith on Friday September 01, 2023 @05:54PM (#37356554)
That is an imaginary distinction which only exists to anti-capitalists to have their cake and it eat too, along with a continuation of their ongoing torrid love-affair of creating their own sophistic definitions. Everyone else says more or less "that is private property you fool!".
Re:Police Seized Innocent Peoples Property, Kept It for Year... by Gormo on Friday September 01, 2023 @03:13PM (#37355007)
In theory, communism can reject the concept of private property, but in practice, all property ownership is "private", as any finite quantity of matter and space must necessarily be controlled by someone in particular at the exclusion of everyone else if it is to be used by anyone at all. So the practical differences are merely aesthetic.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by _jal on Friday September 01, 2023 @03:24PM (#37355131)
It is a bit like someone making a mess in the office kitchen and you complaining, "you're just like my kid."

Your kid may also be messy, but the two messes have nothing to do with each other, bringing your kid in to it serves no useful purpose, and people may reasonably wonder why you're focusing on your kid's messiness in unrelated contexts.

Re:Police Seized Innocent Peoples Property, Kept It for Year... by Gormo on Friday September 01, 2023 @03:09PM (#37354957)
It's not really that bizarre. Everything boils down to human beings acting on human motivations, and humans often rationalize bad behavior by appealing to pretexts rooted in contrived ideologies. Communism is one such ideology, and the war on drugs is another.

In both cases here, the true underlying motivation of the parties involved is to take other people's stuff for themselves, but their apologists, communists and drug warriors alike, both rationalize real harm done to real people by pretending their actions are in pursuit of some utopian end state (which in both cases is an unattainable fantasy).

Re:Police Seized Innocent Peoples Property, Kept It for Year... by kmeisthax on Friday September 01, 2023 @03:14PM (#37355018)
During the Cold War, Soviet states and the socialist economic system they had were propagandized in America as "the government can take your stuff at any time because COMMUNISM". This was aided by the fact that, in practice, the Soviets could and did do that. However, it was not at all a unique feature of socialism or communism. Police states don't care about who nominally owns the economy, they care about what can be looted from it.

Capitalism has no defense mechanisms against unwarranted seizure of property. Private ownership is a precursor to capitalism, not a byproduct of it. Furthermore, there are plenty of ways by which capitalist entities can gain government-like powers, if not totally supplant the government[0]. Concentration of wealth is a problem whether or not the person who owns the wealth claims to own it for themselves or in the name of the working class.

The way that you prevent the government[1] from stealing your stuff is to make it inconvenient for them to do so. In the US, we have presumption of innocence, right to due process, and so on. These are constitutional rights that the government broadly respects. If they regularly didn't, you'd see brain drain as people and businesses with the means to do so would escape the country. Those without such means would begin economically sabotaging the country. However, these are blunt instruments whose use entails personal cost, so people don't use them right away. The US can therefore get away with ignoring its own constitutional obligations some of the time, and in this case, that's how they get away with civil forfeiture.

Think of it like this: when Apple or Google start screwing over developers, or Reddit or Twitter start screwing over users, we don't all immediately jump ship, but some do. If they continue doing this, and they exceed a particular threshold of bullshit, they continue losing people faster than they gain. This creates a feedback loop of stupider and stupider tactics pissing off more and more people until the platform collapses.

Countries work in similar ways.

[0] The basic idea of Rothbardian ancap economics is that we should deliberately encourage this. The idea is that this would supposedly lead to competition for governance. Except this wouldn't actually happen because competition is a byproduct of capitalism, not an essential property of it.

[1] or government-like entities

Re:Police Seized Innocent Peoples Property, Kept It for Year... by enterprise_cog on Friday September 01, 2023 @04:55PM (#37356090)
I’m not going to go homeless, be starved, imprisoned, or killed by security forces if I stop using Twitter.

If people start organizing and forming mass strikes and unrest, all those things would, and already have, happened.

As for the rest of your comment, I have no clue what it has to do with what I posted. My point was that when talking about a system and its negative outcomes, it is pointless and often disingenuous to immediately mention another system. It blurs the topic and takes away from real analysis and critique.

Let’s talk about how this system developed in the US on its own merits, and when that is well understood, maybe then compare it to other systems.

Re:Police Seized Innocent Peoples Property, Kept It for Year... by danbruc on Friday September 01, 2023 @02:12PM (#37354348)
Communists at least seize stuff with good intentions.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by kbenson on Friday September 01, 2023 @02:28PM (#37354513)
The reasons communism allows seizure of property are with good intentions, just as the reasons the law allows the seizure of property in this case are because of good intentions.

How it's used and abused in practice in both systems is the important part. I'm not sure either system necessarily has a great track record in that respect.

Re:Police Seized Innocent Peoples Property, Kept It for Year... by pstuart on Friday September 01, 2023 @02:36PM (#37354589)
Sorry, but the intentions behind these seizures are in no way benign. Maybe in the original intentions of the law, but the police are there to shake people down.

https://www.youtube.com/watch?v=rJd4Q4u5cqU

Reminder: this is yet another piece of evidence that The War on Drugs™ does not serve us well in any way, shape, or form.

Re:Police Seized Innocent Peoples Property, Kept It for Year... by kbenson on Friday September 01, 2023 @08:02PM (#37357415)
> Maybe in the original intentions of the law

Yes, that is exactly what I said. I'm not sure how to read it otherwise. If you're going to assess how it works under communism by looking at why the government allows and and what their goal is, it only makes sense to assess other systems the same way, which is why I said "the reasons the law allows..."

Re:Police Seized Innocent Peoples Property, Kept It for Year... by danbruc on Friday September 01, 2023 @02:45PM (#37354685)
Fair point. I should have been more precise, I was actually thinking of »hypothetical, never actually realized, potentially impossible to realize true platonic communists« and not of some Soviet era communists or something like that.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by at_a_remove on Friday September 01, 2023 @02:34PM (#37354569)
Perhaps they can seize this pile of cobblestones I have, in case they need to pave a road to somewhere warm.
Re:Police Seized Innocent Peoples Property, Kept It for Year... by gtowey on Friday September 01, 2023 @03:12PM (#37354994)
It's not communism, it's a new form of feudalism.