Nevada court shuts down police use of federal loophole for civil forfeiture

(ij.org)

Comments

treebeard901 15 January 2025
The movie, Rebel Ridge, does a decent job showing just how bad this can be in a small town. It's not exactly realistic for how the former Marine depicted chose to try to resolve the situation... It does give room to consider just how corrupt it can all be. Consider if you live in a town with only one bank. Clearly the bank and the police have a relationship and in a small town, odds are they all know each other quite well. Say someone withdraws money from the bank. Then the teller sort of rats you out to law enforcement or someone adjacent to law enforcement. They manufacture an excuse to pull you over just as was done in this Nevada story. The movie Rebel Ridge goes into the difficulty in even getting your money back in the first place. At one point they explain a large part of the police departments funding comes from this. Then again, it isn't just small police departments getting kick backs, it's everyone involved to run up the cost for someone who had their money stolen.

At some point, civil forfeiture laws will lay the foundation for having any amount of cash being a sort of assumption of criminality. Consider too that smaller banks and even large banks have reserve requirements but not enough to cover all of the deposits. When most money exists in digital form in a database somewhere, over time, the concept of real paper money gets that assumption of wrong doing. Almost like it is the financial equivalent of "you must have something to hide, or else you would be using your credit card".

insane_dreamer 15 January 2025
The US legal system (unlike some other countries) is built on the presumption of innocence. Civil forfeiture completely contravenes that principle and is therefore essentially extortion and corruption.
mitch-crn 15 January 2025
“When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it.” ― Frédéric Bastiat, French economist http://crn.hopto.org/media/#government
andrewaylett 15 January 2025
Letting police forces retain any of the proceeds of their activities seems like a really bad idea.
loa_in_ 15 January 2025
Allowing a privileged force to simply take someone's valuables with no recourse or trial, potentially taking their food/gas money while far away from a safe place... Saying that it's the valuables that are suspect. Makes sense... as a punishment
MathMonkeyMan 15 January 2025
I wonder what happened. Traffic stop, seizure of "life savings," something about the drug enforcement agency.

I can guess what happened, but it would be nice to know the story behind the lawsuit. Like... cop did a search, found a ton of cash, took it as if it were drug money, gave the money to feds, never charged anybody with a crime, feds give most of the money to the cop's precinct. But I just made that up.

On the other hand, the point of the post is to explain the legal argument that won, and its implications for upholding the right against unreasonable search and seizure. And it did that.

BrenBarn 15 January 2025
Don't hold your breath for the next step where they pass laws criminalizing any attempt to find or use such loopholes, so cops can be jailed for trying to use civil asset forfeiture in any way.
dec0dedab0de 15 January 2025
I think the best way to defend against this type of abuse is to make it law that any assets collected by police are not allowed to directly benefit the police or the government they represent.

Maybe just have it all go into an evenly distributed tax rebate, or a giant pizza party for the town. Basically, remove the incentive.

courseofaction 15 January 2025
The police should not be financially incentivized to enforce any aspect of the law, because it leads directly to corruption. CMV?
blindriver 15 January 2025
How has civil forfeiture not been ruled illegal at this point? It’s one of the most disgusting corrupt things I’ve seen in my lifetime any I can’t believe both parties support this.
bobbob1921 15 January 2025
This guy looks familiar from a video on YouTube of the traffic stop and cash seizure. If this in fact is the same guy and case from that video, I wonder what would’ve happened had this not been videotaped / posted online as I’m sure 99% of these similar scenarios are not. Civil forfeiture in the usa really is ridiculous, and I wish it would be radically changed/banned.
kyleblarson 15 January 2025
It seems especially ironic that this would happen in Nevada, where carrying large amounts of cash is much more normal due to the gambling industry.
ruthmarx 15 January 2025
And it only took them how long to do this?

If our supreme court wasn't compromised, this kind of thing should be heard there to not only prevent this in all states, but hold accountable the thieves an make them return their ill-gotten goods.

honestSysAdmin 16 January 2025

  18 U.S. Code § 242 - Deprivation of rights under color of law 
  https://www.law.cornell.edu/uscode/text/18/242
ChrisMarshallNY 15 January 2025
John Oliver did a section on Civil Forfeiture: https://www.youtube.com/watch?v=3kEpZWGgJks

A lot of folks don't like him (politics, but he can also be a rather shrill person).

He does his homework, though, and his main stories are often apolitical.

jdubz79 15 January 2025
We need a database of any cop, lawyer, prosecutor or judge that participates in this type of bullshit. Identify, track, punish! Tyrants have home addresses!
opentokix 15 January 2025
USA is truly a fucked up country