I know we have “LE” on here, and I have a lot of respect for what our police officers do. With that said, I think this is a hugely important decision that is long overdue.
The reason that seizure failed is because the Land Rover wasn’t bought with the profit of drug sales. Had it been we would have never heard of this case. For my state this case changes nothing about asset forfeiture for us.
I am more concerned about the poor hapless traveler going from one State to another to make a large purchase like a vehicle on eBay, carrying a considerable amount of cash, then getting stopped for a traffic violation, only to lose that sum of cash from confiscation because of a suspected drug involvement. Too many stories like this that are unsettling.
As somebody who sometimes travels to other states to purchase machine guns, I concur.
I’m all about hitting drug dealers where it hurts, but the burden of proof remains on LE and courts, not on individuals. And if that means some big time coke dealer who has yet to be arrested is sitting in a Ferrari with 50,000 in cash and you have to let them go, then you SHOULD have to let them go.
Now if you catch the same guy with 10 kilos of coke, then pretty much have at the car, the cash, the house and contents. But even in that instance, asset forfeiture should be part of sentencing. LE agencies that act like pirates on US soil and against US citizens really isn’t how things should be done.
Life must be good - No full auto anything in my collection. I buy and sell horses and sometimes I am traveling with large sums of cash to other States, but have never run into any problems…yet. But maybe a guy with a cowboy hat driving an F250 Super Duty Crewcab towing a horse trailer doesn’t scream Drug Dealer?
Nope, it screams trafficker. ISP seizes 800 Pounds of Marijuana during traffic stop
One Million in Pot Found in Horse Trailer
Of course individual pre-contact driving and behavior during the contact play a role in my investigation during an interdiction stop. A true vehicle search for narcotics means I’m removing panels, looking for traps, natural voids, tooling marks, new welds, even issues with the dirt and grime not matching what is there.
I also have no issues with asset forfeiture when done correctly. Unfortunately it is used incorrectly by a lot of smaller agencies as a way to source funding and toys they otherwise wouldn’t have.
That’s good to know. At least either coming or going I am hauling one or two horses. When the search is being done, I would assume you have qualified people to keep my livestock in good order while I am there with my hands on the hood of a cruiser? While doing the search, be prepared to shovel some horse shit too; some of it could by kind of runny and liquid like. If LE wants to clean the trailer for me while conducting their thorough drug hunt, I won’t mind - Public Servants doing a public service.
Interdiction has not done very much, if anything, to stop the flow of drugs.
Asset forfeiture has corrupted many officers as well as many agencies. It is telling when state agencies facing budget crunches limit the miles their road troops can drive each day, but let the interdiction heroes do anything they want.
The war on drugs is a sham
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Could be, but as noted above, a cowboy towing a horse trailer is a prime candidate for a drug mule. I just wonder how dedicated the drug hunting LE official is if they’ve got to off load a couple of high spirited Broncs out of the trailer (and some like to kick those hind legs), then secure those Broncs while other LE are putting on gloves and wading thru shit to dismantle the inside of the trailer looking for dope? The poor old cowboy like me will be there under guard, grin on my face, while some city boy drug-hunting-champion gets to endure all that nastiness. Going home with a clean horse trailer is a plus.
So sometimes it’s a Mercedes with a dozen MP5s in the trunk. And when making such purchases, cash is king as nobody wants to pay the 2% merchant service fee. Thankfully 99/100 times they were purchased from a LE agency so that’s kind of a clue that I might not be on their Most Wanted list.
Sometimes its down in Louisiana (where my better half hails from) on I-10 between Lake Charles and Baton Rouge. Some years back Louisiana State Police and Parish Sheriffs would pull over vehicles for having their fog lights on during the daylight hours. Turns out it was a signal used by drug mules to signal other drug runners about the presence of LE along the highway up ahead. My wife’s sister has been stopped numerous times because of it. She’s not a mule but a senior exec for Conoco-Phillips.
Classic Louisiana:
Interdictions amount to a drop in a 55 gallon drum, but if you’re going to have a “War on Drugs”, you still have to do it. It forces cartels to figure interdictions into their calculations and can cause mistakes elsewhere. My guess is we’d be even more awash in drugs if the cartels knew we weren’t doing interdictions. Personally, I couldn’t care less if someone wants to shoot up or smoke the hard stuff, as long as it doesn’t impact me and I’m not paying for it in some other way - thin the herd.
Making something forbidden often makes it popular.