License To Shill: Highway Robbery

[patric]

Is it such a bizarre premise that someone should have to be convicted of a crime to have their property seized? When did we start to confuse the presumption of innocence with the accumulation of wealth? Billionaires everywhere are suddenly nervous to visit Oklahoma.

Billionaires are safe since asset forfeiture only targets those who cant afford lawyers.

Legalized marijuana is making it harder for police to search your car
https://www.washingtonpost.com/news/wonk/wp/2017/06/26/legalized-marijuana-is-making-it-harder-for-police-to-search-your-car/?utm_term=.ed82288745c1


So Jeff Sessions wants to re-live the failures of the past:

Attorney General Jeff Sessions on Monday said he'd be issuing a new directive this week aimed at increasing police seizures of cash and property.
The practice is ripe for abuse. In one case, Oklahoma police seized $53,000 owned by a Christian band, an orphanage and a church after stopping a man on a highway for a broken taillight. A few years earlier, a Michigan drug task force raided the home of a self-described "soccer mom," suspecting she was not in compliance with the state's medical marijuana law. They proceeded to take "every belonging" from the family, including tools, a bicycle and her daughter's birthday money.

https://www.washingtonpost.com/news/wonk/wp/2017/07/17/jeff-sessions-wants-police-to-take-more-cash-from-american-citizens/?utm_term=.e19dd21f5e61


...but Philadelphia resists:

"The amount of forfeiture must bear some relationship to the gravity of the offense that it is designed to punish," Pennsylvania Supreme Court Justice Debra Todd wrote.
http://www.philly.com/philly/business/law/pa-supreme-court-makes-it-harder-for-the-d-a-to-seize-your-home-20170526.html

[patric]

Former Wagoner County sheriff receives deferred sentence on reduced charge related to cash seizure during 2014 traffic stop

http://www.tulsaworld.com/homepagelatest/former-wagoner-county-sheriff-receives-deferred-sentence-on-reduced-charge/article_6f4a8eea-7f28-5b86-a1b9-d6b366128415.html

[patric]

Oklahoma Stupid.

To be fair, here's some California stupid (from the people who brought you endless cop-gassing-peaceful-protesters memes)


A video showing a UC Berkeley bicycle officer citing a bacon hot dog vendor on campus and removing cash from his wallet for operating without a permit has gone viral. "He doesn't have a permit," the officer responds. "Yep, this is law and order in action ... Thank you for your support."

http://www.berkeleyside.com/2017/09/10/university-california-police-looking-viral-hot-dog-vendor-video-berkeley/

https://www.youtube.com/watch?v=2_TvG_ZNvQo

[TeeDub]

Customs Agents Steal Money a Nurse Saved to Build a Medical Clinic in Nigeria
CBP won't return the cash unless the owner signs an illegal waiver.


Lesson:   Never travel with large sums of cash (or someone may steal it.)

http://reason.com/blog/2018/05/09/cbp-steals-money-intended-for-nigerian-m

[heironymouspasparagus]

Customs Agents Steal Money a Nurse Saved to Build a Medical Clinic in Nigeria
CBP won't return the cash unless the owner signs an illegal waiver.


Lesson:   Never travel with large sums of cash (or someone may the government will steal it.)

http://reason.com/blog/2018/05/09/cbp-steals-money-intended-for-nigerian-m

FIFY.


Their premise is that one good crime deserves another...!  Or even if there is no crime, they can commit one without regard for consequences.   Sounds like the history of the country...nothing new here.

[patric]

Customs Agents Steal Money a Nurse Saved to Build a Medical Clinic in Nigeria
CBP won't return the cash unless the owner signs an illegal waiver.

Lesson:   Never travel with large sums of cash (or someone may steal it.)

Court Decision Striking Down Albuquerque Asset Forfeiture Program Could Help Protect Property Rights Around the Country
If accepted by other courts, the judge's reasoning could curb a variety of other state and federal asset forfeiture policies that threaten the property rights of innocent people.

https://reason.com/volokh/2018/08/01/court-decision-striking-down-albuquerque

[patric]

Shelley Dodson, who, despite not being charged with a crime, had her vehicles seized during a drug trafficking investigation headed by a former Mayes County deputy now facing indictment for allegedly stealing and using meth from evidence.
https://www.readfrontier.org/stories/pryor-woman-hopes-for-return-of-vehicles-seized-in-former-deputys-drug-investigation/


Related: Mayes County anti-drug unit head facing criminal indictment was disciplined previously for alleged meth use
https://www.readfrontier.org/stories/report-former-mayes-county-anti-drug-unit-head-facing-criminal-indictment-was-disciplined-previously-for-alleged-drug-use/

[patric]

For years, a northeastern Oklahoma district attorney's office has operated a program that requires low-level offenders to pay a monthly fee in order to participate in court-ordered community service, generating hundreds of thousands of dollars in revenue for the prosecutor's office.

https://www.readfrontier.org/stories/pay-to-work-rogers-county-da-program-allows-low-level-offenders-to-do-community-service-for-a-fee/

[Ed W]

In a unanimous ruling this morning, the Supreme Court ruled to limit civil forfeiture used by state and local governments.

[patric]

In a unanimous ruling this morning, the Supreme Court ruled to limit civil forfeiture used by state and local governments.

So does Pawhuska have to give back their big shiny new hemp-scented semi?





Supreme Court strikes blow against states that raise revenue by hefty fines, forfeitures

The practice often leads low-income defendants further into poverty, crime, prison and recidivism, the liberal Southern Poverty Law Center and libertarian Cato Institute argued in court papers. The American Bar Association noted that nearly two-thirds of prisoners have little prospect of paying the fines and fees after their release.

https://www.usatoday.com/story/news/politics/2019/02/20/supreme-court-states-cant-impose-excessive-fees-fines-forfeitures/2919411002/


Just take a quick look at Oklahoma, a state rated D- by the Institute of Justice for its asset forfeiture laws, and one that is widely considered among the worst in the nation when it comes to asset forfeiture abuse.

According to ThinkProgress, Oklahoma allows law enforcement agencies to keep 100 percent of the property and cash it seizes. From 2000 to 2014, the organization reports, Oklahoma law enforcement got nearly $99 million from seized cash or by selling seized property.

A Forbes report says that one Oklahoma prosecutor paid his student loans using seized funds, and another lived rent-free in a home seized in a drug raid.

According to Oklahoma Senator Kyle Loveless, a proponent of civil asset forfeiture reform, too often money is seized from the wrong people and used for the wrong purposes.

Example: the $53,000 in cash seized from Eh Wah, a Burmese refugee living in Texas whose Christina band toured to raise money for a Christian college in Burma and an orphanage in Thailand. The cash came from ticket sales, donations, CD and t-shirt sales, and gifts.

Still, police called a drug dog to search his vehicle, and the dog "hit" giving law enforcement probable cause to seize the cash. No drugs were ever found. Sadly, we criminal defense attorneys see this all time: you wouldn't believe how often "trained" drug dogs alert on vehicles that contain NO drugs at all...

But Oklahoma is trying to stay one step ahead of the game, and recently, the state came under fire for a new tool in civil asset forfeiture--a device called ERAD (Electronic Recovery and Access to Data). This device gave the Oklahoma Highway Patrol (OHP) access to seize funds from gift cards, debit cards, and credit cards.

With Oklahoma's less than stellar reputation regarding the ethical use of asset forfeiture, handing law enforcement a device that allows cops to seize your money, even if you aren't carrying any, seems to be ill-advised at best.

https://www.huffingtonpost.com/adam-banner/erad-a-new-tool-for-highw_b_11663292.html

[patric]

Shelley Dodson and her attorney believe her vehicles were improperly seized at the behest of a sheriff's deputy who was later fired for allegedly stealing meth from the county's evidence locker for his own use. When she tried to get the vehicles back, the deputy wrote a report focusing on her that both she and her attorney took as a warning that she might be prosecuted in connection with her ex's case unless she let the vehicles go.
https://www.readfrontier.org/stories/pryor-woman-hopes-for-return-of-vehicles-seized-in-former-deputys-drug-investigation/


The former head of the Mayes County Sheriff's Office's drug interdiction team admitted to removing evidence envelopes containing methamphetamine before they were booked into the property room during his time as supervisor of the narcotics unit. In his plea agreement, Lt. Brett Alan Mull also admitted to stealing the drug to support his methamphetamine addiction.
https://www.readfrontier.org/stories/mayes-county-deputy-accused-of-stealing-meth-from-evidence-pleads-guilty-to-federal-charges/

[patric]

Kong Meng "Steve" Vang, 36, who was arrested in 2018 with 1,500 pounds of marijuana at a north Tulsa County property, was sentenced by Chief U.S. District Judge John Dowdell to time already served in jail and four months of home confinement.

"I think a lot of it amounts to the fact that marijuana is legalized in the state of Oklahoma and that the courts are becoming more lenient since you can go down and buy marijuana on the street corner."

After Vang's arrest, federal prosecutors seized various assets controlled by the defendant, including seven residential properties, eight pistols, his automobile repair business — Vang's Dyno Performance at 9901 E 46th Place — as well as 21 high-performance vehicles.

The seized items were forfeited in a plea agreement in which Vang pleaded guilty in August 2018 to drug conspiracy and money laundering, and the auctioned vehicles resulted in more than $280,000 in proceeds.

https://www.tulsaworld.com/news/man-nabbed-in-large-tpd-pot-bust-sentenced-to-three/article_02a80811-50f1-51b9-9515-9836229f9677.html

[patric]

Former top public safety officials sue governor over terminations

OKLAHOMA CITY — Former Public Safety Commissioner Rusty Rhoades and two of his former top aides on Thursday sued Gov. Kevin Stitt.

The suit alleges that Rhoades and his aides were fired after they discovered wrongdoing in how the Department of Public Safety handled civil asset forfeitures. It also alleges outside interference into a DPS probe of allegations that a member of the patrol attempted to bribe Rhoades in an effort to get a promotion.

Public Safety Cabinet Secretary Chip Keating, his deputy Jason Nelson and Joe Claro, a DPS attorney, are also named as defendants in the lawsuit. Keating is a former Oklahoma Highway Patrol trooper and son of former Gov. Frank Keating. Nelson is a former lawmaker.

The lawsuit alleges that an internal DPS probe into the civil asset forfeiture program threatened a source of income for the state.

"On information and belief, plaintiffs assert that following their termination, civilly forfeited asset funds were used to supplement and or pay for State of Oklahoma compliance with the requirements of the REAL ID Act, which would not have happened if Plaintiffs' efforts to rectify the rights of citizens and return unlawfully/unethically seized funds to the proper owners had continued," the suit said.

The suit alleges that in a majority of asset forfeiture cases filed by DPS, proper service of the legal actions was not provided.

The suit said Simpson discovered violations of citizens' rights and mishandling of civil asset forfeiture cases that exposed DPS to significant liability.

The suit alleges Simpson, in addition to other cases, identified one that began in 2004. The case was declined by DPS and the Canadian County district attorney, but the nearly $18,000 had not been returned to the rightful owner for nearly 14 years, the suit alleges.

An asset forfeiture coordinator, Stephanie Ware, in 2019 was charged with embezzling more than $23,000 in funds, according to news reports. The suit cites the incident.

Ware received a 7-year deferred sentence and was required to pay restitution and court fines, according to Oklahoma Attorney General Mike Hunter's office, which filed the charges.

The suit alleges that Keating attempted to interfere in the agency's investigation that began with allegations of blackmail of Rhoades by another trooper, Troy German, telling employees to stop any investigation into corruption and unlawful behavior by troopers.

https://www.tulsaworld.com/news/former-top-public-safety-officials-sue-governor-over-terminations/article_3f0ab4aa-32b1-5502-9da0-fcd6ac2971c9.html