illegal search and seizure ?

[Stu_Padaso]

My Land lord who i've known 16 + years had his home Raided by LE (not sure which agency ) for suspected Marijuana grow . They found absolutely nothing , They took 3 handguns , $12,000 in cash . He has a big family his mother , kids all live there . he is very
successful owns over 20 property's residential , commercial . this happened three weeks ago. they won't give him his weapons back or his money. He is as law abiding as any of us if not more. they had no right to keep his property and money.

He won't pursue it because he is vietnamese and wants no trouble , he needs a good lawyer
any ideas ? thanks

[Zundfolge]

If he won't pursue it, there's not much you can do.

Maybe call the local TV station that does the "on your side" type reporting, they might be interested in exposing police malfeasance against a minority.

[MrAK]

Topless March?

[feal]

no warrant? if you find out what agency, freedom of information act?

[cstone]

Where is the residence located? Go to that PD and request information on any warrants served at that location on the date it was served. If the PD says they have nothing then file a home invasion/burglary report and describe in as much detail the perpetrators. Also you can contact the DA’s office to see if they assisted in obtaining any warrants for the location on that date.

Did your landlord receive an inventory of property seized? Warrants once served have to be returned to the court that issued. The return will include at a minimum an inventory of any property seized.

After filing FOIA requests your landlord may want to find a lawyer willing to file a Bivens suit in federal court. My guess is the warrant was probably obtained by the regional drug task force. There was a fairly large statewide sweep for illegal grow options conducted a few weeks ago.

If the task force is trying to keep the property under asset forfeiture, he will need to get an attorney and fight to get it back. IMO asset forfeiture is one of the worst travesty of justice in our country.

[ray1970]

I would be pretty surprised if there wasn’t a warrant involved in this act.

If there wasn’t it should be super easy to get his stuff back with the simple threat of litigation against the department.

Since there likely was some sort of warrant, his property will likely be tied up as evidence until the whole situation is sorted out.

[def90]

It’s called Civil Forfeiture.. he will never see his guns or money again. He is suspected of being involved in a crime and even without ever being charged with a crime his property can be seized. Simply having a wad of cash would be grounds for suspecting you of committing a crime. He would have to sue and go to court and prove that his guns or money have not been involved in criminal activity in order to ever get it back. No one ever does as it would cost him more than the $12,000 to do it. Law enforcement rakes in tons of money every year doing this.

It’s time to make civil forfeiture illegal, congress would never do it though, it’s a cash cow.

https://en.m.wikipedia.org/wiki/Civil_forfeiture_in_the_United_States

[Stu_Padaso]

If he won't pursue it, there's not much you can do.

Maybe call the local TV station that does the "on your side" type reporting, they might be interested in exposing police malfeasance against a minority.

I bet you TV stations wouldn't touch this with 10 foot pole.It doesn't affect me i was just trying to give him some options or advise , like i said he doesn't do anything illegal im positive, It really destroyed any and all respect i had for that type of Law enforcement. I don't mean all law enforcement. Just the Power Rangers. signature tells the tail

[beatdeadhorse]\

stu

[enfield]

so how does this not make the police major thieves?

[Stu_Padaso]

Well if it can happen to him then it can and will happen to anybody on this site ,the judge that signed that warrant or the cop that faked the info on it should be fired. lmao like thats gunna happen. THANKS YOU ALL for being straight up with me peace

[spqrzilla]

so how does this not make the police major thieves?

Well, they are.

https://www.washingtonpost.com/news/wonk/wp/2015/11/23/cops-took-more-stuff-from-people-than-burglars-did-last-year/?utm_term=.eba369cc1dbc

[Eric P]

I am firmly against Incentivizing law enforcement.

Civil forfeiture should be eliminated, or reformed. Reformed so that LE posts a bond for the value of the property seized, 1 to 10%. All property must be returned within 30 days if no charges are filed. If charges are filed, but no conviction, property is returned plus the bond is paid to the owner of the property. If convicted, all property not gained through the crime is returned, LE gets the bond, but the illeagally gained property is auctioned and that money is sent to the state lottery to be added to the prize pool. No skimming fund to pay for any form of government. LE and the entire justice system is funded wether they sit on their asses or working the streets.

I would do the same for any and all traffic fines, code violation fines, civil fines, any monetary judgement awarded to government minus direct payments to victims to make whole.

Pipe dream? Yes, but could eliminate most LE corruption.

[Irving]

Didn't Obama give some sort of lip service to reducing civil forfeiture, only to have Jeff Sessions turn it right back around again?

[Stu_Padaso]

Not a problem. I'll tell you this too just so you know it - Note Colorado has CGIS, a governmental immunity statue. In order to preserve the right to sue the State (or municipality) you need to send a letter of intent to sue - in accordance with very specific guidelines - within exactly 180 days, or you will forever forfeit any ability to sue, irregardless of the statue of limitations. [See C.R.S. 24.10.101] This doesn't necessarily apply to every case, but the vast breadth of them. Municipality police departments and officers are also protected by qualified immunity which is hard to breach on an individual level; their supervisors have supervisory immunity on top of that; the prosecutor has prosecutor immunity which protects them even when they are openly corrupt or paying witnesses for testimony (actual example) and judges have judicial immunity which protects them in every circumstance, no matter how wrong or unconstitutional, save only for when they act without jurisdiction which is pretty much never (the only instance is where say, a district court judge starts issuing judgements upon a juvenile case that is not in his courtroom]. A judge can, however, order you to be sterilized without hearing, or order his bailiff to go to your house and kick your ass (real examples) without any civil recourse on your part.

There is attorney discipline and judicial discipline which can, say, disbar someone; but in Colorado - if an attorney is playing straight on the financial end and it is remotely complex, they can pretty much get away with murder without attorney regulation intervening, depending on who the regulatory council is. [They don't want to deal with any complexity, they only like to deal with cut-and-dried, one-page bullshit].

So... basically the State/Govt and it's employees can literally do just about anything to you with very little risk of recourse outside of risk to their employment, which is a much thicker wall to breach than anyone in the private sector. That said, if he is of the kind that this will simmer and he'll change his mind 7-8 months from now, maybe have him send out a letter of intent pursuant to that statue. It's also very important who it is mailed to, and that it is sent certified.

As always, standard disclaimer applies, this is not legal advice, hire an attorney for legal advice.
So its really no different than " All the kings horses and all the kings men " will boot down your door whenever they feel like it again.
THANKS EVERYBODY YOU HAVE OPENED MY EYES BIG TIME ,

[Stu_Padaso]

Can someone please tell me or give me a example were " Civil Forfeiture " is needed in order for law enforcement to do there jobs ?? (instead of buy them a new bass boat )
ill be drinking big glass of STFU .

[OneGuy67]

If it happened three weeks ago and he lives in the north metro area (Brighton, Westminster, Adams County, Thornton area), I'm going to guess it was part of the 85+ homes that were searched as part of federal search warrants issued and served on a large number of Vietnamese who were part of a group. If so, a copy of the search warrant and a copy of what was seized was left at the residence.

[Irving]

This very issue has been a concern for me with regard to a business that I've wanted to start. I've not done so for other reasons, but having my money stolen by the police is a pretty large detriment to overcome. Not the kind of sunk cost that usually fits into business models.

[Jer]

If it happened three weeks ago and he lives in the north metro area (Brighton, Westminster, Adams County, Thornton area), I'm going to guess it was part of the 85+ homes that were searched as part of federal search warrants issued and served on a large number of Vietnamese who were part of a group. If so, a copy of the search warrant and a copy of what was seized was left at the residence.

Uhh.... wut? There was a "warrant" issued to search over EIGHTY-FIVE homes in a residential area that allowed them to seize personal property and look for anything that didn't quite look right? That's the very definition of illegal search and seizure. It's only made worse that it's of an area predominately occupied by a specific nationality. How has this not made bigger headlines?!?

We don't like Vietnamese living here so let's warranty the area they live in and go door to door looking for ANYTHING we consider illegal so we can charge them.

I mean..... Whiskey Tango Foxtrot!?!

What am I missing here? Someone help me. Please.

[OneGuy67]

Uhh.... wut? There was a "warrant" issued to search over EIGHTY-FIVE homes in a residential area that allowed them to seize personal property and look for anything that didn't quite look right? That's the very definition of illegal search and seizure. It's only made worse that it's of an area predominately occupied by a specific nationality. How has this not made bigger headlines?!?

We don't like Vietnamese living here so let's warranty the area they live in and go door to door looking for ANYTHING we consider illegal so we can charge them.

I mean..... Whiskey Tango Foxtrot!?!

What am I missing here? Someone help me. Please.

Okay. Let me reiterate. The DEA obtained 85 federal search warrants for residences and restaurants that were related to a loose organization of black market marijuana growers. It was on the news for two days. Jace Larsen of Channel 7 news followed law enforcement around for the entire day.

[OneGuy67]

https://www.thedenverchannel.com/news/local-news/authorities-bust-dozens-of-illegal-marijuana-operations-around-metro-denver

[Irving]

I've heard about police finding out that Asians are deeper into the illegal pot market than they had previously imagined.

[Skip]

This story is horrible!

If CO really cared about individual rights, as the loud mouths at the capitol say they do, we should follow other states and ban the practice. Unlike that bond/bail thread, this is something that absolutely should not happen unless someone can be convicted of a criminal act in court (due process).

I don't have that kind of cash sitting around, but I do have a little just in case something happens with my credit card and it's a weekend/holiday. I've had that happen before and if you're unprepared it sucks. So yeah, the cops might find a very small amount of cash in my house and it absolutely wouldn't be worth trying to recover.

[68Charger]

This story is horrible!

If CO really cared about individual rights,

2013 proved they don't. I didn't see enough evidence that they learned anything from the recall elections, either... except to lie more.

[Zundfolge]

I don't have that kind of cash sitting around, but I do have a little just in case something happens with my credit card and it's a weekend/holiday. I've had that happen before and if you're unprepared it sucks. So yeah, the cops might find a very small amount of cash in my house and it absolutely wouldn't be worth trying to recover.

I've long thought it might be a good idea to find a way for some very deep, clandestine storage of a gun or two and some cash. Mostly in case miscreants get into the house, but more and more those miscreants seem to have badges and warrants no matter how innocent you think you are. As CO becomes more blue we'll start seeing more anti-gun-owner moves by police and eventually they're going to start enforcing things like the mag law.

I imagine one of the first things that happens after Polis becomes Governor is a "red flag" law and then none of us here are safe.

[Skip]

2013 proved they don't. I didn't see enough evidence that they learned anything from the recall elections, either... except to lie more.

No, those weren't rights, privileges. /sarc

The Dims come up with a lot of sharp words if a minority gets pulled over for a traffic stop.

Quiet on this.


I imagine one of the first things that happens after Polis becomes Governor is a "red flag" law and then none of us here are safe.

The lack of all around due process is going to have to get dealt with sooner or later.

[BushMasterBoy]

Best thing to do is bury it in ammo cans under the house. Or in the barn. Or out by the tree. Safer than a bank, because they are thieves too.

[ChickNorris]

Best thing to do is bury it in ammo cans under the house. Or in the barn. Or out by the tree. Safer than a bank, because they are thieves too.

Um... anyone else see how funny this is? Or could be?

[Great-Kazoo]

Um... anyone else see how funny this is? Or could be?

Why, i've heard rumors of people i may or may not have been acquaintances with do it. Who doesn't bury money somewhere other than a very low interest earning depository. The up side is if one forgets where they buried it, it's only a loss of what $20 or 30 dollars?

[ChickNorris]

Why, i've heard rumors of people i may or may not have been acquaintances with do it. Who doesn't bury money somewhere other than a very low interest earning depository. The up side is if one forgets where they buried it, it's only a loss of what $20 or 30 dollars?

I thought it was only $50, in nickles & dimes.

[Martinjmpr]

Not a problem. I'll tell you this too just so you know it - Note Colorado has CGIS, a governmental immunity statue. In order to preserve the right to sue the State (or municipality) you need to send a letter of intent to sue - in accordance with very specific guidelines - within exactly 180 days, or you will forever forfeit any ability to sue, irregardless of the statue of limitations.

That may be applicable to a suit filed in District court, but not federal. I'm not a civil rights lawyer so I don't know all the sublteties but I don't see how the CGIS can override Section 1983 of the civil rights act.

For those that don't know, Section 1983 is the portion of the CRA (42 U.S.C section 1983 (https://www.law.cornell.edu/uscode/text/42/1983)) that allows individuals to sue government entities in Federal court for violations of their civil rights where those violations are committed "under color of state authority." Many (if not most) "Police brutality"/"excessive force" lawsuits are Section 1983 suits.

[CS1983]

For those who have JD's, don't you all ever just kinda hope the US catches an asteroid in the face?