Asset Seizure and Legitimacy Forfeiture
By Fester:
The Chicago Tribune has reported on a disturbing story from Texas on how a small town is massively abusing forfeiture laws in ways that violate multiple Constitutional principles. Let's get the highlights....
More than 140 people reluctantly accepted that deal from June 2006 to June 2008, according to court records. Among them were a black grandmother from Akron, who surrendered $4,000 in cash after Tenaha police pulled her over, and an interracial couple from Houston, who gave up more than $6,000 after police threatened to seize their children and put them into foster care, the court documents show. Neither the grandmother nor the couple were charged with any crime....
According to a prominent state legislator, police agencies across Texas are wielding the asset-forfeiture law more aggressively to supplement their shrinking operating budgets.
But Whitmire says he doesn't need to await the suit's outcome to try to fix what he regards as a statewide problem. On Monday he introduced a bill in the state Legislature that would require police to go before a judge before attempting to seize property under the asset-forfeiture law—and ultimately Whitmire hopes to tighten the law further so that law-enforcement officials will be allowed to seize property only after a suspect is charged and convicted in a court...
Whitmire said. "Now it's largely being used to pay police salaries—and it's being abused because you don't even have to be a bad guy to lose your property...."
The town is engaging in cost and legal arbitrage --- who wants to or is able to successfully fight a felony indictment when you are out of state, part of the 'out-group' with a history of getting screwed in any court, much less a rural Texas court, and facing a jury of locals who are not your peers and have a vested interest in conviction. I can understand people being railroaded as even they know that they did nothing wrong. Every cost incentive is for them to fold and sign away as a decent lawyer will be more expensive after a few days of pre-trial work than the costs of folding.
The town is also engaging in a blatant and massive de-legitimization of government because there is no check. The national seizure laws and local application of them blurs the very fine line between state-sanctioned and societal beneficial application of coercive powers for the common good and outright opportunities for corruption and extortion opportunities. Paying bribes to avoid jail (which this article is basically alleging) is something that we typically see in failing states. Justice at that point is a joke as the police mechanisms do not serve public interests but private interests. Actual attempts at justice are outsourced to non-state actors using non-sanctioned means.
The Whitmire legislation that will only allow for asset seizure after either the equivilant of a warrant or better yet, conviction will increase legitimacy. Changing the law so that asset seizure does not disproportionally benefit the seizing entity would also increase legitimacy as the incentives for private and quasi-private capture and corruption would be an improvement.
I'm not surprised by what's in the story. I-10 from Houston thru Louisiana is notorious for having dirty cops. I no longer travel that strech of highway! It doesn't matter how long or out of the way I have to drive....Every since casinos have been in Louisiana some of the cops there have become CRIMINALS themselves.
I remember being stopped at the entrance ramp to I-10 coming from Highway 165 and the state trooper asked me to get out of my car. I did and stood by the door. He then asked me to come to where he stood by his patrol car. Now you have to know that I live in Texas and it's a very BIG NO, NO to get out of your car and walk upon a cop in Texas. So I walked to the back of my car. He then asked me if I was hard of hearing and I replied no. He said well come to me so I walked to the front of his car. He became upset and asked what's wrong the people from Texas. I explained the problem is that IF you don't want to get shot in Texas YOU NEVER WALK UPON A COP!!! He replied well you're not in Texas and proceeded to give me a ticket. Now I admit I was speeding but I was keeping up with the traffic and told him this to which he replied, I know but since I could stop the other cars I got you instead!!! What kind of CRAP is that? I was given this outrageous ticket and this was a few years ago.
I remember driving thru Louisiana for years before there was no casinos and you almost NEVER say any cops and if you did they were nice and courteous BUT with the influx of the casinos and more traffic, some have become so AGGRESSIVE and RUDE!!!! It's like they use the lure of the casinos to trap people!!!
Posted by: Jae | March 12, 2009 at 12:57 PM
Isn't this the same thing the Taliban are doing in Afghanistan right now? Actually, it is exactly the same thing the Taliban are doing in Afghanistan: exacting tribute and funding their operations. It is mobsterism, nothing more.
The entire police force ought to be arrested, their books audited.
Posted by: anderson | March 12, 2009 at 01:41 PM
In a lot of ways this is much worse than what's happening in Afghanistan, Iraq, Nigeria, Mexico, and various other failed/failing states. In failing states, police extortion is technically illegal but persists because the country is unable (or unwilling) to enforce its own laws. In Texas, however, police robbery is legally sanctioned behavior. The former is a sin of omission in that failing states are unable to professionalize their police forces. The latter is a very specific sin of commission in that the American political process has granted the police the specific right to steal from the public.
Posted by: Curmudgeon | March 12, 2009 at 04:19 PM
Notice...................most of the people interviewed are white. Why not get the "scoop" from persons of color? This is afterall about them being VICTIMS again in this country.
Posted by: J.L | March 12, 2009 at 05:16 PM
In June of 2008 I was pulled over on i10 heading home to Houston from a casino.I had 19,900 in my car after spending my afternoon winning.The state trooper that pulled me over,took me into custody and kept me from 11pm til 6am hancuffed to a chair at the dps office. I was strip searched and detained for questioning against my will. My vehicle was searched against my wishes and their search showed them that i did not have any drugs in my possession. Even after finding nothing,the troopers confiscated my money,even down to the loose change in my console. The state of Texas decided,about three weeks ago that they are not giving me all of it back.I got 2500.00 out of almost 20,000. The state of texas makes me sick!Since when is it ok for law enforcement to take away money when i didnt commit a crime? The night the money was taken,the confiscation slip was given to me to show the amount. The reason is also suppposed to be listed but the officer just put a line through where the reason was supposed to be,because there was none.
Posted by: Andrea Work | May 15, 2009 at 03:06 AM