Whose Property is it anyway?



There is a bill snailing through the Senate Judiciary committee; did you know that? You should know about it; this one is actually good for the country. How rare is that in Washington? It's S.1931, The Civil Asset Forfeiture Reform Act, sponsored by Senators Orrin Hatch and Patrick Leahy. Call your senators and tell them to support this righteous effort.

Currently the Federal government uses this forfeiture scheme to generate funding for its various law enforcement operations to the tune of more than two billion dollars each year. Assets forfeiture allows the government to steal property legally without having to prove a crime; all that is needed is a probable cause. To execute a forfeiture on a property, there are no warrants, no arrests, no representation, no day in court. In true bully fashion the biggest kid on the block just takes what he wants and dares the little kids to do something about it. The government agency simply evicts the owner and padlocks the door. Try to get back in and they will likely shoot you; it's not yours anymore!

In order to get the property back a person must pay bribes to even get a hearing. Getting a hearing is no guarantee, either; the forfeiture victim must prove he did not commit a crime, a reversal of the fundamental tenet of American justice which holds that a person is innocent until proven guilty. The IRS has used these tactics for years; but now virtually every level of law enforcement does, too. Most of the states have also taken the lead of the federal government to aggressively filch property from the citizens they claim to be protecting.

We have indeed fallen a long way from the hard won liberty our forefathers entrusted to us. In fact, looking up from the dust we see bare branches on the tree of liberty, the harsh sun of oppression baking the ground beneath it. Those who once lounged in shady comfort now swelter in the heat. While there are those who do not know the difference, in fact who prefer the insidious nature of such fascism, I believe there is still a true and powerful majority who love freedom. These lovers of freedom do not take lightly such things as a government stealing for its sustenance.

What will it take to illuminate the evil system of corruption sufficiently that everyone will see it for what it is? Perhaps we should start with the Bill of Rights. The government agents believe they can take your house by merely suggesting a crime has been committed, or is being planned by someone on the premises. The property itself is declared guilty and subsequently taken as a prize. The law enforcement officers who use this system will tell you it's good and effective. But I tell you it is a willful act of evil.

Making deals with the Devil.

These days most law enforcement agents have been well schooled in criminal justice, along with basic enforcement techniques. They are trained in law, and familiar with the Bill of Rights. Sadly, much of law enforcement training is bent toward weaving successfully through the mine field of rights which are seen as a hindrance to proper enforcement techniques. A man or woman having graduated a police academy in the United States today is very well-versed with the difference between what is the right thing to do, and that which he is tasked with doing. To choose evil over good has become a normal right of passage into today's cadre of law enforcement officers.

The right thing is self-evident from even a casual reading of the 4th amendment to the Constitution.


Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Pretty clearly the intent of the fourth amendment is to limit governmental search and seizure powers. But still, many do not get it. In order to clarify the amendment, they have laid a murky film of legalese and obfuscation over it. The layers of law that obscure our basic rights have grown up to become quite burdensome indeed. Everyone knows something must be done, but what? Reforming the federal forfeiture laws is a start, but does not go far enough. Nothing short of complete restoration of the entire Bill of Rights will satisfy me; but, until that day, this game must be played.

The text of S.1931 is written on the assumption that this fundamental inalienable right (4th Amendment) is no longer in effect. Must we continue to legislate all things? Why can we not just do the right thing? The very the notion that this bill is even needed is ludicrous to me, yet I support it because it is a small step in the right direction. In my support I have become a part of the problem, nodding ascent to a half right in lieu of the whole thing.

Could the old saying be true after all: "You're damned if you do and you're damned if you don't?" No, I will not be defeated that easily.
Written by: Katie Libertas
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