cato
Newbie
imported post
LEO 229 wrote:
I know, the state can do a lot of things that then a citizen has to prove their innocence to get their property back(well gotten or ill gotten). Still doesn't make it right when judged against a higher principled standard of conduct by state agents. I don't like justifying the means by the end.
The fact that I may take $10,000+ in cash for a lawful purpose shouldn't make me suspected of anything because some bad people deal in cash. Case in point. I bought a house several years ago and had to move $15,000 from one bank account to another for a transaction to occur at the latter bank that day. It had to happen that day. Even cashiers checks now have temp. holds so I moved it cash in hand. Now if I'd had gotten stopped and a cop saw I was a cop, armed and with 15,000 cash what is he going to think I'm up too? Add the fact I was in a rental car as mine was in the shop and that means I'm guilty in his eyes. The dog is going to be called and who knows how they'll write the report. The dog points so I loose my deposit! What a mess that would have been.
A higher standard of evidence of guilt should be used before taking property as evidence.
Out here the CA DOJ has seized stripped AR lower receivers (ones that are legal to buy) and held them for three years as "evidence" just because they didn't like the fact that people have been bringing them into the state. The owners will get them back I think but not after spending 10X their value to shove it in DOJ's face on principle!
LEO 229 wrote:
cato wrote:Off Topic...LEO 229 wrote:I hope not unless there is evidence it was used in or derived from a criminal action.Your stoppedfor a broken tail light and the police observe $40,000 in $10 and $20 bills in a laundry bag in your back seat.
Can they seize it?
Cato.. you should know this!!
YES!! You can seize it and make them prove where it came from. Drug transactions deal in small funds. NOBODY carries around cash in this amount.. NOBODY!! They could also be evading taxes and not reporting all their cash transactions at their business.
It is a known fact that drug couriers move drugs in one direction and then move the cash in the other. It is highly probable that the money is from an illegal enterprise.
Unless the person can prove where they got it... It is going to be hard to get it back. Once I run the dog over it.. if he hits on it for drugs.. they money will NEVER be returned.
If they withdrew it from a bank.... they will have their receipt.
I know, the state can do a lot of things that then a citizen has to prove their innocence to get their property back(well gotten or ill gotten). Still doesn't make it right when judged against a higher principled standard of conduct by state agents. I don't like justifying the means by the end.
The fact that I may take $10,000+ in cash for a lawful purpose shouldn't make me suspected of anything because some bad people deal in cash. Case in point. I bought a house several years ago and had to move $15,000 from one bank account to another for a transaction to occur at the latter bank that day. It had to happen that day. Even cashiers checks now have temp. holds so I moved it cash in hand. Now if I'd had gotten stopped and a cop saw I was a cop, armed and with 15,000 cash what is he going to think I'm up too? Add the fact I was in a rental car as mine was in the shop and that means I'm guilty in his eyes. The dog is going to be called and who knows how they'll write the report. The dog points so I loose my deposit! What a mess that would have been.
A higher standard of evidence of guilt should be used before taking property as evidence.
Out here the CA DOJ has seized stripped AR lower receivers (ones that are legal to buy) and held them for three years as "evidence" just because they didn't like the fact that people have been bringing them into the state. The owners will get them back I think but not after spending 10X their value to shove it in DOJ's face on principle!