Texas LEO's is this True?

Wildcard, on the face, this might seem true. However, I implore you to sit in on a seizure hearing sometime. It is not a simple thing to seize property, and I feel that is a good thing.

I cede that this might vary from jurisdiction to jurisdiction, but here it is a difficult thing to do. Also, the actual agency often gets little from the seizure, with the District Attorney's office getting the bulk of the proceeds. In my department, we rarely attempt seizures, and only do so in extreme cases.

I do feel that the parameters for seizure under trafficking statutes are a bit lax. Used ot be that there had to be a SUBSTANTIAL drug seizure to qualify for trafficking, but that seems to be getting smaller every year. Myself, I wouldnt attempt seizure unless it is a LOT of dope, or a serious case of evasion/eluding.
 
Doesn't N Y city have a revenue enhancing law about auto forfeiture due to cruising looking for 'a little action'?
 
Seizure

Personally, I feel this would be great. Its late and I'm about to go to bed, so really don't have time to read the whole statute. But, with that said, if you run from the police, well hey, if you ain't got a car no more, you can't run. I've seen way to many wrecks where somebody ran from the police, and have actually worked a couple where an innocent victim was critically injured just because some bonehead thought he needed to run to avoid getting a ticket or going to jail.

Just recently, DPS trooper in Denton County was seriously injured because a knucklehead ran from him on a motorcycle. What really sucked was the guy that ran was a detention officer with the county jail. I think they should bury him under the jail.

Anyway, my two cents worth...I will look it up in the morn and do some research. I've seized many a car, from junk to Corvettes, two actually within a week of each other from the same major dope dealer, and I'm telling you, the only time it hurts somebody is when you take their car. They would rather go to prison than lose their car sometimes.
 
Texas LEO's is this True?

Of course it is not true. You have the link to Texas penal code 59 and the associated references from Glock Talk. Nope, not true. Those things are all written into state law as a type of joke to fool midwesterners.

revenue generation is never good. It incites the bad LEO element to go overboard.

Since not all LEOs go overboard, then revenue generation certainly can be a good thing. Maybe y'all do things differently in the midwest?
 
Unjust law

It is an unjust law, in that it is a direct violation of the Constitution.
Nobody should have their property "siezed" previous to being convicted.
If RULE rule allowed for the siezure of the effects, or contents of the office of a Lawmaker upon indictment for embezzling, graft, acceptance of illegal campaign donations, etc., you would see it repealed in the very next legislative session.
 
It is not a simple thing to seize property, and I feel that is a good thing.
Tell that to my $100K stolen from a friend by the DEA in Delaware a dozen years ago. No drugs involved. No other charges involved. Just US Govt v. $100K in US Currency. While allowed to testify and to produce documentation that the money was mine and obtained legally, I was not allowed to even be a "party of interest". Simply a witness in case where the burden of proof is NOT on the Government but on the "Non-Interested Parties" attempting to get their property returned.

We lost.

Musta been something else involved, you say? Yup. DEA wanted a piece of this friend in order to pressure him to roll on people they ASS-umed he had info on. Bottom line, like I said, there were no other charges involved. Not even the ubiquitous, catch-all, Thought Crime of "Conspiracy To [Fill in the Blank]".

As has been stated, confiscation for revenue generation is Legalized Theft under Threat of Violence. Period.
Rich
 
confiscation for revenue generation is Legalized Theft under Threat of Violence. Period.

Well said.


Also, take a look at some LEO's, via the glocktalk thread above, jumping for joy on this. I wonder why.
 
As has been stated, confiscation for revenue generation is Legalized Theft under Threat of Violence. Period.
+1

Look at it this way, folks -- if anybody but the Govt. tried to do something like this, it would be called theft and/or robbery. What makes the Govt. so special? The fact that they have the force of arms?
 
Also, take a look at some LEO's, via the glocktalk thread above, jumping for joy on t

Because once LEO's are granted extraordinary power (such as in New Orleans or in Miami Florida recently when the City Police Administration declared a "show of force" and directed that officers stop citizens illegally, without warrant, and without cause) and nobody protests, it tends to allow them to think they can pretty much do whatever they want.

It is unfortunate, but we continue to allow our rights to be chipped away, much as Germany did back in 1938.

It is due to our Fear. We are becoming a Police State, slowly, but surely.

It is unfortunate, but the majority of citizens allow it because of the desire to live in a "safe" environment. So our rights are chipped away, pretty much on a daily basis, because the majority of people in the country, want to be thought of as "moderates".

Forty years ago, if someone were to tell you a Legislator was proposing a law that would allow property siezure previous to an indictment, you would have laughed at them, and called them crazy. Now, it is a matter of common occurance for our Constitution to be simply ignored until it becomes so ludicrous, that I had an Assistant Police Chief in Austin, Texas, while on a radio call in show, tell me he did not know exactly what the 2nd Amendment protected, since he was not a "Constitutional Scholar".
 
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