Police officer uses "civil forfeiture" to take all of the money out of a hot dog vendor's wallet

What was the charge? Never mentioned in the video.

The guy taking the video said the cops could find other people drinking in public on the campus, if they bothered to look. Was this hot-dog vendor drinking in public? Was he dealing drugs? What's the charge?

The U.S. Constitution says that the cops can't search OR SIEZE anything from a citizen unless they have a warrant. If that makes it more difficult for cops to apprehend or charge a person legitimately suspected of committing a crime, too bad. That part of the Constitution was written very carefully, and for very good reason, and in 200 years the American people have seen fit to not change it even a little.

If cops don't like it, or even if Congressmen don't like it, that doesn't mean they can violate it. By cops taking his money (that's property too), or by congressmen enacting a Federal law saying "asset forfeiture" is OK. Both acts are flatly illegal, even if the cops have a legitimate reason (aka "probable cause") to think the guy committed a crime, whether drinking in public, or dealing drugs, or whatever.

Maybe for all I know, the vendor is a slimebag drug dealer, and this cop caught him in the act. I don't know, I didn't see that in the video. But even if the cop did catch him in the act, it's flagrantly unconstitutional for the cop to confiscate his money. Money isn't illegal. And without a warrant, the cops can't even take the guy's hat off his head.

BTW, the cops' job is NOT to arrest bad guys. It's to enforce the law. And that includes the 4th amendment. And if the cops violate the 4th (as it looks to me this cop did), they aren't doing their job. In fact, they are committing a crime themselves.
 

First of all- I am very opposed to 'civil forfeiture' laws in general. They are wrong on many levels.

But I watched the video and I am not certain that this is what was happening.

Civil forfeiture is used to prevent ill gotten property or laundered money to be used by the perp, i.e. cars, jewelry, cash, etc. of a drug dealer.
 
The police have no right to go through your wallet

Actually ... not true. A police officer can go through your wallet if you're under arrest to ...

1. Confirm ID
2. Catalog currency and valuables
3. Search for drugs

Anything they find needs to be accounted for and documented, then stored in an evidence bag.


That only applies if there is an arrest made. If they just gave an appearance ticket it was a 4th amendment violation. And a violation of the takings clause.


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They know the guy is illegal and will never show up to get his money back


So you're saying your favorite sanctuary state is taking advantage of populations they are encouraging to move there? Nah, they wouldn't do that, they are more likely giving him a reason to sue so they can give him a big fat settlement.


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Forfeiture laws are ridiculous anyway....an invitation to police corruption

For a misdemeanor like not having a vendors license. A ticket and a fine should suffice

Yet you believe in ridiculously big gov. When the government gets too big corruption is the consequences.


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Actually, our forfeiture laws were an outgrowth of the War on Drugs....a Conservative favorite

War on drugs is a expansion of government


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It seems the guy did not have a permit to sell hot dogs
Hmm, that may be. Got a link or reference to where you heard that?

Hard to imagine they would invoke "civil forfeiture" just for that.

The cop in the video said he does not have a permit

An obvious threat to law and order justifying confiscation of his ill-gotten gains
 

First of all- I am very opposed to 'civil forfeiture' laws in general. They are wrong on many levels.

But I watched the video and I am not certain that this is what was happening.

Civil forfeiture is used to prevent ill gotten property or laundered money to be used by the perp, i.e. cars, jewelry, cash, etc. of a drug dealer.

The guy might not be a drug dealer, but he is a hot dog dealer
Those things can be addictive and dealers take advantage of hot dog junkies

They start you innocently on cocktail franks and before you know it....you are hooked on foot longs
 

First of all- I am very opposed to 'civil forfeiture' laws in general. They are wrong on many levels.

But I watched the video and I am not certain that this is what was happening.

Civil forfeiture is used to prevent ill gotten property or laundered money to be used by the perp, i.e. cars, jewelry, cash, etc. of a drug dealer.

Civil Forfeiture is used to take money and things from suspects whether they are convicted or not.

I have no problem with the concept of Civil Forfeiture of criminals convicted, for profits derived from their crimes- but frankly it is un-American to take anything from Americans who have not been convicted of a crime.

Aside from that- civil forfeiture without conviction in the U.S. is ripe for corruption- since the monies generally go to police departments directly- right into their operating budgets- setting up a system that rewards police departments for seizing funds without convictions.
 
Forfeiture laws are ridiculous anyway....an invitation to police corruption

For a misdemeanor like not having a vendors license. A ticket and a fine should suffice

Yet you believe in ridiculously big gov. When the government gets too big corruption is the consequences.


Sent from my iPhone using USMessageBoard.com

Actually, our forfeiture laws were an outgrowth of the War on Drugs....a Conservative favorite

War on drugs is a expansion of government


Sent from my iPhone using USMessageBoard.com

The war on drugs is a failure, it created a huge black market and criminal gangs, something our Pols should have known given the impact and example of alcohol prohibition.

Now that idiot Attorney General wants to double down on MJ enforcement. The cost deficit of enforcement - arrest, detention, trial, attorney fees - far out paces the revenue which could be used to provide treatment rather than punishment for drug and alcohol addicts.
 

First of all- I am very opposed to 'civil forfeiture' laws in general. They are wrong on many levels.

But I watched the video and I am not certain that this is what was happening.

Civil forfeiture is used to prevent ill gotten property or laundered money to be used by the perp, i.e. cars, jewelry, cash, etc. of a drug dealer.

The guy might not be a drug dealer, but he is a hot dog dealer
Those things can be addictive and dealers take advantage of hot dog junkies

They start you innocently on cocktail franks and before you know it....you are hooked on foot longs
You know you're really hooked when you start using ketchup.

Eventually it gets so bad that you start using mustard, relish, onions, cheese and chili.
 


He did not have a sales permit.

He was not a real a vendor. He was a poacher.

He was taking money away from the real venders who followed the rules and got the permit. Think about it, you follow the rules, pay your fees, and then someone else poaches customers off you -- how would you feel?

Like the person selling counterfeit t-shirts outside the concert, it's against the law. You're stealing money from the business operating inside the venue, as well as violating copyright law.

In this case, does the money they took even cover the court fine? The guy probably won't show.

There are very scary instances of highway patrol in Texas and other states doing some really nasty things with forfeiture--taking peoples money etc. The FBI investigated.

This is a cop following the law.
 
The vendor was not under arrest
He was being given a ticket

The officer can ask for ID but is not entitled to go through your wallet to find it

You are technically under arrest until the ticket is written as you are not free to leave. But you don't answer yes later to question: have you ever been arrested? on job application. It's not that kind of arrest.

A ticket/citation is a written order in lieu of warrantless arrest.
 

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