Forfeiture Abuse in the US - Govt Threats to private property

Discussion in 'YouTube Digest' started by AngloSaxon, Feb 7, 2013.

  1. AngloSaxon

    AngloSaxon Active Member

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    Someone in a youube comment to me made a comment about property forfeiture and governments taking innocent peoples' property. I thought they were talking rubbish.

    Well I was wrong. Found this. Scary and depressing. I hope the politicians don't make laws so poorly implemented and open to abuse here:

    "Ending Forfeiture Abuse: How States Can Be Tough on Crime and Respect Property Rights"

    [youtube]http://www.youtube.com/watch?v=NXuLkVg6HXs[/youtube]
     
  2. errol43

    errol43 New Member Silver Stacker

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    Are these laws in place here in Australia? ^^^^

    Regards Errol 43
     
  3. Phiber

    Phiber Well-Known Member Silver Stacker

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    Very depressing indeed.
    I too wonder if there is an Australian equivalent to these laws?
     
  4. bordsilver

    bordsilver Well-Known Member Silver Stacker

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    From what little I know of the history of those laws in the US, I believe they were beefed up in relation to the war on drugs with the aim of preventing flight risk etc. Utter bollocks laws though.

    Think about these sorts of powers when you watch silversurfer's video and it adds some context to how these things happened.
    http://forums.silverstackers.com/topic-36353-why-cop-s-in-the-us-fear-shtf.html

    Edit: Link fixed. (PM me if interested and can't access the forum.)
     
  5. bordsilver

    bordsilver Well-Known Member Silver Stacker

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    From the Australasian Legal Information Institute

    So need a court order based on an offence (but not necessarily a conviction, which seems to be a large flaw).

    Some reading regarding the mis-use in Australia is HERE.

     
  6. Phiber

    Phiber Well-Known Member Silver Stacker

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    Wow...I bet not many people are aware of that :/
    Thanks for digging it up!
     
  7. willrocks

    willrocks Well-Known Member Silver Stacker

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    We also have "Unexplained Wealth" laws in Australia. The DPP only needs a reasonable suspicion to confiscate property.
     
  8. willrocks

    willrocks Well-Known Member Silver Stacker

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    This video shows a Chinese girl getting $23,000 confiscated because she failed to declare it at customs.

    [youtube]http://www.youtube.com/watch?v=0SrXgTuC4Ec[/youtube]
     
  9. Old Codger

    Old Codger Active Member Silver Stacker

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    "nor shall private property be taken for public use, without just compensation."

    5th Amendment, US Constitution.

    (similar to our Section 51 (xxxi)
     
  10. bordsilver

    bordsilver Well-Known Member Silver Stacker

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    Good point.

    Interestingly the South Australian anti-hoon laws (where they could seize and destroy cars) was overturned on Constitutional grounds not because of Section 51 but because it went against the separation of powers (Chapter III, I think) and it should be up to the Judge, and only the judge, to impose the penalty for an offence and the forfeiture laws meant that additional penalties were being applied separate to the Judge.

    http://www.news.com.au/national/sou...stralia-decision/story-fndo4dzn-1226498265730

     
  11. bordsilver

    bordsilver Well-Known Member Silver Stacker

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    Note: In that case she ended up "only" paying a $1,000 fine and got the rest back.
     
  12. willrocks

    willrocks Well-Known Member Silver Stacker

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    Most likely she only got it back because the show had a large audience, and the brown-shirts like good PR.
     
  13. Emanance

    Emanance Guest

    I wonder if these turtlers would bother her if she enter the country with more than 20k in ZWD (Zimbabwean dollar) :lol:.
     
  14. bordsilver

    bordsilver Well-Known Member Silver Stacker

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    I took $50 trillion through on my last trip. They didn't care. But then again it's not legal tender anymore :p

    It sucks that you have to declare it which is what she did "wrong" (and lost a thousand dollars in the process).
     
  15. willrocks

    willrocks Well-Known Member Silver Stacker

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    It'd be priceless watching the look on the customs officer's face bringing back a whole suitcase full of Zimbabwean dollars scented with cocaine.
     
  16. AngloSaxon

    AngloSaxon Active Member

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    Well if its' Commonwealth or DPP matters that means District Court at the lowest level or Supreme/Federal Court. Mr and Mrs Average rarely face criminal matters in the Supreme Court. The Sam Ibrahims and the Moran families are more likely to be in their native habitats there.

    What motivated me to share this video was that the law was so broadly encompassing and had so little oversight to the forfeiture of private property.

    I would hope that given its' foothold in Australia with the bikies I hope it stays controlled and limited.
     
  17. Lovey80

    Lovey80 Well-Known Member

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    While I agree with some of these there is also a severe problem with judges in this country not acting in a manner that the public would hope they would. That is a whole other issue all together.

    The difference with these forfeiture laws in Australia compared to the US example is there is recourse of appeal to the supreme court at your disposal.

    This part I found very interesting

    "He said State Parliament had handed police powers to punish people that it was unable to give"

    So what is it when a police officer hands you a fine for speeding?
     
  18. DanielM

    DanielM Active Member Silver Stacker

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    So much for being the land of the free
     
  19. lucky luke

    lucky luke Well-Known Member Silver Stacker

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    The "war" on drugs has long been useful for the passage of numerous laws in the US for the supposed common good. It's also been the excuse for pseudo military intervention in south American sovereign nations ensuring that part of the world stays the backyard of the USA.
     
  20. fosinator

    fosinator Member

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    I like the nice policeman halfway thru the first video"the safest place to put your money, if its legitemate, is in a bank" ha ha
     

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