illegal search and seizure ?

[spqrzilla]

so how does this not make the police major thieves?

Well, they are.

https://www.washingtonpost.com/news/...=.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/new...d-metro-denver