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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