How Civil Asset Forfeiture Reduces Economic Mobility

Believers in the American dream still talk about how people who had nothing managed to pull themselves up by their bootlaces and make it big. Proponents of socialism point out that such economic mobility almost never happens. Are believers in the American dream right? Can somebody from poverty elevate themselves to the middle class or higher? Are the socialist right? Is such economic mobility a pipe dream? They’re both correct.

In a free market and where property rights are recognized it is certainly possible for a person to elevate themselves from poverty to a comfortable or even luxurious life. However, such mobility seldom happens this day an age. Where both parties get things wrong is believing that the United States has a free market and property rights.

There is no free market in the United States and there sure as the fuck isn’t a concept of property rights:

Asset forfeiture primarily targets the poor. Most forfeitures are for small amounts: in 2012, the Institute for Justice, a libertarian law firm that has focused heavily on asset forfeiture, analyzed forfeiture in 10 states and found that the median value of assets seized ranged from $451 (Minnesota) to $2,048 (Utah). Given that law enforcement routinely take everything they find in a forfeiture case, these small values suggest the relative poverty of the victims.

The procedural hurdles for challenging asset forfeiture also mean that poor people are less able to get their money back. The average forfeiture challenge requires four weekdays in court; missing four days of work can be a prohibitive expense for Americans living paycheck to paycheck. Additionally, claims are challenged in civil court, where the right to counsel doesn’t apply, meaning that claimants need to hire their own lawyer.

Asset forfeiture is especially dangerous for the unbanked, because police and federal agents consider high amounts of cash to be suspect. In 2013, half of all households with incomes of less than $15,000 were either unbanked or underbanked. In a report on non-criminal asset forfeiture, the Center for American Progress argues that “low-income individuals and communities of color are hit hardest” by forfeiture.

Civil asset forfeiture allows the State to seize your property if one of its law enforcers accuses you of a drug crime or affiliation with terrorism. The only time proof comes into play with civil asset forfeiture is when the accused party has to prove that the officer’s accusation was incorrect, which is nearly impossible to do under ideal circumstances. However, as the article notes, poor individuals aren’t operating under ideal circumstances. Many of them cannot afford to take several days off of work to plead their case in court. This makes them prime targets for civil asset forfeiture because law enforcers know that they chances of the property being returned to its rightful owner is practically zero.

As I noted, economic mobility requires property rights because you have to be able to keep what wealth you acquire. If you’re able to scrape together some capital to start a side business but then have that capital stolen, your ability to elevating yourself economically through entrepreneurship is also stolen.

A Shocking Development in Venezuela

I think Venezuela just shocked the entire world. In a totally unprecedented move for a socialist country, the newly established constitutional assembly has granted itself practically unlimited power:

CARACAS, Venezuela (AP) — The new constitutional assembly assumed even more power in Venezuela by declaring itself as the superior body to all other governmental institutions, including the opposition-controlled congress.

That decree came Tuesday just hours after the assembly delegates took control of a legislative chamber and put up pictures of the late President Hugo Chavez, who installed Venezuela’s socialist system.

Delcy Rodriguez, the head of the ruling socialist party and leader of the body, said the unanimously approved decree prohibits lawmakers in congress from taking any action that would interfere with laws passed by the newly installed constitutional assembly.

“We are not threatening anyone,” said Aristobulo Isturiz, the constitutional assembly’s first vice president. “We are looking for ways to coexist.”

Leaders of congress, which previously voted not to recognize any of the new super-body’s decrees, said lawmakers would try to meet in the gold-domed legislative palace Wednesday, but there were questions whether security officers guarding the building would let them in.

History may not repeat itself but it certainly rhymes.

The coup is complete. While the leaders of congress may have voted against recognizing the assembly’s decrees, the only thing that matters at this point is which side has the most armed thugs at its disposal. If the members of congress who oppose the assembly can muster a fighting force great enough to take on the assembly then it has a chance to enforce its oppositional vote. Otherwise those members of congress who refuse to “get with the program” will likely find themselves against the wall in short order. Meanwhile, while the elites have their pissing match the people of Venezuela will continue to starve.

Alabama Legislators Moves to Hasten Executions

The State of Alabama found itself in an embarrassing position. A man who has been on death row for 30 years managed to prove his innocence. While the legislature won’t pass a bill to compensate the man for the three decades of his life the State stole from him, it did ensure that a mistake like this never happens again:

Meanwhile, since Hinton’s release the Alabama legislature has passed a different bill related to capital punishment — the Orwellian-named “Fair Justice Act,” which aims to limit the appeals of death row inmates and speed up executions. As Hinton himself wrote in an op-ed, had the Fair Justice Act been in place at the time of his conviction, he’d almost certainly be dead.

If the State can execute inmates quicker, it doesn’t have to worry about them possibly proving their innocence and thus embarrassing it. See? Problem solved!

Get Them Indebted Early

I have some wonderful news! People no longer have to wait until they go to college to rack of debt:

In a Thursday article for The Telegraph, a man named Andre Spicer wrote about the experience of his five-year-old daughter who tried to open a small lemonade stand in the family’s East London neighborhood.

After about 30 minutes, four local council enforcement officers stormed up to her little table,” he wrote. “‘Excuse me,’ one officer said as he switched on a portable camera attached to his vest. He then read a lengthy legal statement – the gist of which was that because my daughter didn’t have a trading permit, she would be fined [$195]. ‘But don’t worry, it is only [$117] if it’s paid quickly,’ the officer added.”

That’ll teach that little punk not to be entrepreneurial! But, hey, at least the government is benevolent enough to knock that almost $200 fine down to $117 if it’s paid quickly!

Law enforcers shutting down children’s lemonade stands is nothing new, which isn’t surprising since going after small children is apparently fairly profitable and they’re not likely to put up any meaningful resistance so the profit comes with almost zero risk. As if armed thugs preying on children wasn’t bad enough, there is been almost no backlash. Why aren’t members of these communities up in arms over the fact that law enforcers are wasting time preying on children? Why is the fact that something that has been a staple of childhood for generations now being seen as heinous enough to warrant law enforcer involvement? And how is anybody saying that the United States isn’t a police state with a straight face?

The People Who Count the Votes Decide Everything

Venezuela’s election has come and gone. Joseph Stalin, another great socialist leader, is often attributed to say, “It is enough that the people know there was an election. The people who cast the votes decide nothing. The people who count the votes decide everything.” That attitude appears to have been adopted by Venezuela’s great socialist leader, Nicolas Maduro:

The company that has provided voting machines and software for Venezuela’s elections for more than a decade said that turnout figures for Sunday’s vote to elect an assembly to rewrite the nation’s constitution were overstated.

“Based on the robustness of our system, we know, without any doubt, that the turnout of the recent election for a national constituent assembly was manipulated,” Antonio Mugica, Smartmatic’s chief executive officer, told reporters in London. “This would not have occurred if the auditors of all political parties had been present at the different stages of the election.”

Venezuela’s National Electoral Council held the widely criticized vote over the weekend and claimed about 8.1 million people participated. The opposition alliance and private polling companies said turnout was less than half that.

Proponents of socialism can now claim that they enjoy the support of the people. While their opponents may point out that they don’t actually enjoy the support of the people, but merely the support of imaginary voters, it won’t matter because they’ll be liquidated soon enough. Meanwhile, Venezuela will have a new constitution that will almost certainly cement the power of the country’s socialist party, which will only make conditions deteriorate faster.

Selling Stolen Goods

I’ve pointed out the tendency for law enforcers to focus their efforts on pursuing perpetrators of profitable crimes. Law enforcers dump a ton of resources into fighting people who drive faster than the arbitrarily posted speed limit, violate the often ridiculously convoluted parking restrictions, and enjoy consuming verboten chemical substances. However, those same law enforcers will let rape kits stack up in warehouse, barely lift a finger to find a murderer, or respond in any way to a property crime. Fortunately, law enforcers have found a way to make fighting property crime profitable. Unfortunately, it involves them auctioning off the property once it has been recovered instead of returning it to its rightful owner:

A Pueblo couple’s car was stolen in June and later recovered by Colorado Springs police officers.

According to records obtained by the I-TEAM, Mary and Clyde Antrim’s Ford Crown Victoria sat in a police impound lot for more than a month—eventually racking up fees.

The couple says cops never called them to pick up their car. Instead, News 5 Investigates discovered police planned to sell it at an auction.

Colorado Springs police have nothing to say on camera about this case, but Mary Antrim is talking after she says police would not give her car back or answer her phone calls.

When she found out her car was going to be sold at auction, she called News 5 Investigates for help.

The most obvious thing that I feel I need to point out is that the Antrims shouldn’t be required to pay fees to have the law enforcers they are required to pay taxes to fund recover their property. Any costs incurred by the recovery effort should be paid by the thief. But that’s now how justice works in this country. Even though you’re forced to pay taxes to fund law enforcers, you’re also often forced to pay additional fees on top of that. This form of double dipping is fairly profitable for police departments but not as profitable as auctioning off a car, which is why the Colorado Springs Police Department probably “forgot” to inform the Antrims that their car was recovered and currently being held in an impound lot.

This situation isn’t even unique. Law enforcers have profited off of hocking recovered property before and I wouldn’t be surprised if the Colorado Springs Police Department gets away with hocking the Antrim’s car. There is precedence for doing so and the courts are usually pretty good about backing the badge.

Let the Purges Begin

There comes a time in every great socialist country’s history where Dear Leader has to purge undesirable elements from the benevolent government. That day was yesterday for Venezuela:

Caracas, Venezuela (CNN) — Venezuelan authorities seized opposition leaders Leopoldo Lopez and Antonio Ledezma from their homes early Tuesday, the country’s Supreme Court said, after both publicly opposed a controversial election that critics say will let President Nicolás Maduro illegitimately consolidate power.

Both men had been under house arrest for prior convictions. The house arrests were revoked, the court said, because intelligence officials claimed they were planning to flee.

Families of the two distributed separate videos purportedly showing armed men carrying the politicians away from their homes in the night. In one, a man apparently pulls Ledezma, a former Caracas mayor, out a door.

As we all know from our own government school education, the economic policies of socialism are right and true. However, the evil capitalists and their bourgeois allies are working constantly to undermine the people. When that happens Dear Leader must step in to defend the people. It’s unfortunate but Nicolás Maduro has had to consolidate is power for the good of the country and consolidation always requires a few sacrifices purges.

Yet Another Isolated Incident

Cop apologists love to refer to bad cops as isolated incidents. But for being isolated there are an awful lot of them:

Maryland prosecutors have tossed 34 criminal cases and are re-examining dozens more in the aftermath of recent revelations that a Baltimore police officer accidentally recorded himself planting drugs in a trash-strewn alley.

Baltimore State’s Attorney Marilyn Mosby said that, in all, 123 cases are under review in the wake of a scandal in which one officer has been suspended and two others put on administrative duty. Body cam footage revealed nearly two weeks ago showed one of the officers planting drugs when he didn’t realize his body cam was recording. The Baltimore Police Department’s body cams, like many across the nation, capture footage 30 seconds before an officer presses the record button. The footage was turned over to defense attorneys as part of a drug prosecution—and that’s when the misdeed was uncovered.

I can see why the two officers involved in the murder of Justine Ruszczyk left their body cameras off. Being absent minded about those devices can lead to a paid vacation and, I’m sure, a stern talking to about camera etiquette (i.e. being smart enough to turn it off if you’re going to do something that makes the department look bad).

While it’s nice that one dirty cop was caught this incident will ensure that the rest of the thin blue line is aware of the fact that their cameras record everything that happened 30 seconds before pressing the record button. Being aware of the feature will ensure that they work around it when breaking the law in the future. Furthermore, even when caught on camera planting evidence the officer is enjoying a paid vacation instead of being in jail like you or I would be. That alone should seriously piss people off but few people seem to care.

Another Summary Execution

It’s a day ending in “y” so that must mean that a law enforcer in the United States murdered somebody. Oh, and will you look at that, one did! However, this story has a twist. The officers involved were heading to serve a warrant but ended up at the wrong address and, I guess, decided to eliminate all witnesses to their mistake:

One officer fired shots at the pit bull that hurtled out of the mobile home in Southaven, Miss., police said. The other officer fired at the person pointing a gun from behind the cracked front door.

They had been trying to serve an arrest warrant in an aggravated assault case at a mobile home in the neighborhood before the sudden explosion of gunfire Sunday night. When they surveyed the aftermath, they made a heart-dropping discovery: They were at the wrong home.

Ismael Lopez likely never knew why officers were at his door — or even that they were officers.

I already know that the cop apologists are going to blame the victim for having a gun (it’s funny how so many cop apologists simultaneously claim that gun ownership is a right and that possession of a gun is a valid reason for a cop to execute somebody) but the real takeaway from this story is that a man is dead because some idiot law enforcers couldn’t be bothered to verify an address. And this isn’t anything new. There are numerous documented cases of police officers performing no-knock raids at wrong addresses. As far as I know, none of those cases resulted in any officers receiving any meaningful reprimand and I doubt this case will either. Hell, we already know how the officers actions will be justified in this case, the man had a gun so the officers were well within their rights to murder him. Never mind the fact that that excuse wouldn’t work if your or I decided to barge into an innocent person’s house unannounced.

Retroactive Justice

After Castile was murdered the State went through his and his girlfriend’s social media records with a find toothed comb. Ultimately, as we learned during the Yanez trial, the defense wanted information to use to assassinate the characters of Castile and his girlfriend during the trial. This was a form of retroactive justice. The crime, the shooting of Castile, was justified by going through the victim’s history to find dirt to use against him. Although the murderer had know way of knowing any of the discovered information at the time of the crime it still allowed his defense to poison the well so to speak.

History may not repeat itself but it does rhyme. The Minnesota Bureau of Criminal Apprehension was granted permission to search the home of Justine Ruszczyk, the woman murdered by Officer Noor:

Minnesota Bureau of Criminal Apprehension (BCA) investigators were granted permission to search Justine Damond’s home hours after she was shot and killed by a Minneapolis police officer, according to court records.

A criminal law expert can’t understand why.

“I don’t understand why they’re looking for bodily fluids inside her home,” said Joseph Daly, an emeritus professor at Mitchell Hamline School of Law, referring to one of two recently-released search warrant applications.

[…]

According to court documents, investigators applied for the warrant on the following grounds:

  • The property or things above-described was used as a means of committing a crime
  • The possession of the property or things above-described constitutes a crime.
  • The property or things above-described is in the possession of a person with intent to use such property as a means of committing a crime, or the property or things so intended to be used are in the possession of another to whom they have been delivered for the purpose of concealing them or preventing their being discovered.
  • The property or things above-described constitutes evidence which tends to show a crime has been committed, or tends to show that a particular person has committed a crime.

Professor Mitchell doesn’t understand what the BCA is looking for because he’s look at the warrant through the lens of justice, not he lens of retroactively justifying a murder. The search warrant was issued in the hopes of finding dirt on Justine. With dirt in hand Officer Noor’s actions can either be written off as justified outright or, if the case goes to trial, justified to a jury by assassinating the character of Justine and anybody connected to her.

Actions like this will continue to widen the rift that already exists between the public and law enforcers. Unfortunately, I see no signs that law enforcers or their employers care. If they cared about such things, they would have taken steps to reprimand the bad actors in their departments early on. Instead they’ve either stood aside or directly assisted in shielding those bad actors from consequences. With this being the situation I feel justified in saying that The United States is already beyond the point where law enforcement can be reformed.