above the law

warning: Creating default object from empty value in /home/hemporg/public_html/news/modules/taxonomy/taxonomy.pages.inc on line 34.

California: One In 10 People Say Police Took Cash, Property Without A Conviction

PolicingForProfitTheAbuseOfCivilAssetForfeiture[JacekWLentz].jpg

Two new surveys find overwhelming public opposition in California to laws allowing law enforcement to seize and keep a person’s cash and property without a conviction

California Legislature considers reform to rein in abuse

In a recent survey conducted by Public Policy Polling, a startling 10 percent of adults living in Los Angeles, Riverside and San Bernardino counties said that they had had their property taken by a police officer without being convicted of a crime. Nearly one in five (19 percent) of those living in these three counties also stated that they know someone who had experienced the same.

One of the ways in which law enforcement can legally take property or money from people in the absence of a conviction is through civil asset forfeiture, a highly controversial policy that allows law enforcement officers to seize cash or property that they suspect has been involved in criminal activity, such as drug sales.

While California law offers greater protections, federal forfeiture laws do not require that police arrest or charge a person with a crime, or convict them. If the owner does not file a claim in civil court and prevail in the case, the property is permanently lost, and the majority of the funds go to the same law enforcement agency that seized the cash or property in the first place.

California: Bill To Rein In Forfeiture Abuses Sails Through Senate On 38-1 Vote

CivilAssetForfeiture-BadCop

Overwhelming Bipartisan Support for Civil Asset Forfeiture Reform Nationwide Gains Momentum with Sacramento Vote

Civil asset forfeiture reform legislation, authored by Senator Holly Mitchell (D-Los Angeles), on Wednesday won nearly unanimous approval in the California State Senate with a 38-1 vote.

Co-sponsored by the Drug Policy Alliance, ACLU and the Institute for Justice, SB 443 will require law enforcement agencies in the State of California to adhere to state laws regarding civil asset forfeiture, rather than transferring cases to federal prosecutors and courts where property rights and evidentiary standards are much lower.

SB 443 also calls for appointing counsel for indigent property owners and allows the recovery of attorney’s fees for successful challenges. Additionally, the bill will protect guiltless spouses and family members from loss of property, and result in increased investment in the General Fund, in courts, and in public defense for the indigent, as well as funding for law enforcement and prosecutors.

“Asset forfeiture inflicts the harsh punishments associated with criminal proceedings without the constitutional protections guaranteed by a trial," said Lynne Lyman, California state director of the Drug Policy Alliance (DPA). "In practice, this means encouraging law enforcement to engage in questionable and unethical practices under the banner of the war on drugs.

"Today’s vote is a tremendous step in the right direction,” Lyman said.

U.S.: New Report Finds Extensive Forfeiture Abuses By California Law Enforcement

AssetForfeitureCaliforniaCops[USAttorneysOffice]

With Bipartisan Support in U.S. Congress and Buoyed By New Mexico’s First-of-Its-Kind Law That Ends Civil Forfeiture, Momentum Accelerates for Reform

The Drug Policy Alliance on Tuesday launched Above the Law: An Investigation of Civil Asset Forfeiture Abuses in California, a multi-year, comprehensive look at asset forfeiture abuses in California that reveals the troubling extent to which law enforcement agencies have violated state and federal law.

Civil asset forfeiture law allows the government to seize and keep cash, cars, real estate, and any other property – even from citizens never charged with or convicted of a crime. Because these assets often go straight into the coffers of the enforcement agency, these laws have led to a perversion of police priorities, such as increasing personnel on the forfeiture unit while reducing the number of officers on patrol and in investigation units.

While civil asset forfeiture was originally conceived as an effective way to target and drain resources away from powerful criminal organizations, Above the Law discloses how these strategies and programs have now become a relied-upon source of funding for law enforcement agencies all across the state.

Syndicate content