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5/12/2015 11:46:45 AM DEA steals $16,000 from Music Hopeful  
aposorichie
Over 1,000 Posts (1,812)
Berwyn, IL
58, joined Jan. 2009


No it is NOT someones imagination just because you don't know of any incidents of

robbery\murder of drug buy money doesn't mean it's not possible.

On the contrary it happens very often those kids from the suburbs do get robbed and

killed. I know two people who it happened two myself one is dead the other may as well

be dead.

A very REAL possibility my friend o don't try to intellectualize and reason it away

so as to encourage others to enter those dangerous waters.

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5/12/2015 12:04:08 PM DEA steals $16,000 from Music Hopeful  

naprinciple
Over 7,500 Posts!! (8,348)
West Plains, MO
46, joined Feb. 2014


Quote from Yasureoktoo:
Common sense, and multiple mandatory scenarios, but we have gone over this before, why are you repeating the same stuff.




Should "we" just appoint you to decide people's motives and intent?


Dispensing with inconvenient trials will save us money and make us safer

5/12/2015 12:05:41 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


someone, or some group, is already appointed

5/12/2015 12:06:41 PM DEA steals $16,000 from Music Hopeful  

thebard58
Over 7,500 Posts!! (9,280)
Hermiston, OR
56, joined Jul. 2010


aposorichie

I've spent time "in the streets", so I am well aware of the hazards.
Certainly, there are any number of possibilities of bad scenarios.
But they can only be imagined.
To state that if events had happended differently, ____ would have occurred- is actually a logical fallacy called "hypothesis contrary to fact".

Yas

Doesn't matter if he "had an excuse", or "unaccounted for cash". One should not need an "excuse" for any action, unless there is definite evidence that a crime has been committed.
And, unless the individual is under an official legal investigation for criminal activity, the amount of cash anyone carries is no one's business!

The significant issue here, is that people like yourself (apparently) are passively allowing the erosion of our liberty, by allowing such broad discretionary powers and actions to government agencies, under presumptions that "the innocent have nothing to hide", and that the officer's involved are exercising reasonable judgement.

Obviously, we can not assume that law enforcement officers are using good judgement, because we have seen enough examples where this not the case.

And whether someone has someone to hide, is irrelevant to the fact that citizens are entitled to privacy.
And some of us are not willing to forfeit that right, just because others are so frightened that they want the government to monitor everything.
If the citizens of the USA do not stand up to protect their rights, eventually, they will have none.

The problem with the sort of automatic forfeiture law in question here, is that it creates the possibility of actions being motivated by $, rather than for public safety.

5/12/2015 12:10:22 PM DEA steals $16,000 from Music Hopeful  

naprinciple
Over 7,500 Posts!! (8,348)
West Plains, MO
46, joined Feb. 2014


Quote from Yasureoktoo:
someone, or some group, is already appointed




Do you really think people shouldn't even get due process anymore?

5/12/2015 12:12:06 PM DEA steals $16,000 from Music Hopeful  

progrocknic
Over 10,000 Posts!!! (11,143)
Mount Arlington, NJ
31, joined Dec. 2012


Quote from thebard58:

The problem with the sort of automatic forfeiture law in question here, is that it creates the possibility of actions being motivated by $, rather than for public safety.


And that's exactly what is happening. Relatively recently, the DEA had to give back millions of dollars to people because they either didn't keep accurate records on how the money was confiscated, or they found that the way it was confiscated broke procedure. They would set up agents in airports and they would tell people that they needed to conduct a second inspection, making it seem as though people didn't have a choice to not be searched.

They want money, and if they find it, they take it. It's up to you to get it back. I've never read a single case of the DEA finding cash and giving it back the same day. It usually takes quite a while to get it back if you're lucky enough to get it back. And usually, you don't get all the money back, you get just a portion. It's legalized robbery.

5/12/2015 12:12:27 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


Bard,

We have only begun to see the erosion of our liberty, something impossible to hold on to when we allow so many conflicting cultures into the country.

Everybody knows, or at least should know, you do not just show up with large amounts of cash, or bling, that cannot be accounted for.


Even if the money was legal, he should have done it a different way.

And if he was already the kind of person capable of saving that much money, he would already have some financial skills.

5/12/2015 12:13:52 PM DEA steals $16,000 from Music Hopeful  

progrocknic
Over 10,000 Posts!!! (11,143)
Mount Arlington, NJ
31, joined Dec. 2012


Quote from Yasureoktoo:

Even if the money was legal, he should have done it a different way.


There you go blaming the victim again.

5/12/2015 12:14:09 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


Quote from progrocknic:
And usually, you don't get all the money back, you get just a portion. It's legalized robbery.


and if you do get it back, without showing where it came from, you will pay taxes on it.

5/12/2015 12:14:50 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


Quote from naprinciple:
Do you really think people shouldn't even get due process anymore?

Depends on the event.

5/12/2015 12:15:55 PM DEA steals $16,000 from Music Hopeful  

naprinciple
Over 7,500 Posts!! (8,348)
West Plains, MO
46, joined Feb. 2014


Quote from Yasureoktoo:
Bard,

We have only begun to see the erosion of our liberty, something impossible to hold on to when we allow so many conflicting cultures into the country.

Everybody knows, or at least should know, you do not just show up with large amounts of cash, or bling, that cannot be accounted for.


Even if the money was legal, he should have done it a different way.

And if he was already the kind of person capable of saving that much money, he would already have some financial skills.




Obey or be stolen from, but you're free, and you live in the freest country on Earth

5/12/2015 12:16:20 PM DEA steals $16,000 from Music Hopeful  

progrocknic
Over 10,000 Posts!!! (11,143)
Mount Arlington, NJ
31, joined Dec. 2012


Quote from Yasureoktoo:
and if you do get it back, without showing where it came from, you will pay taxes on it.


That issue has literally never come up in a court case involving someone getting their money back from the DEA. That's just you making things up again.

5/12/2015 12:16:28 PM DEA steals $16,000 from Music Hopeful  

naprinciple
Over 7,500 Posts!! (8,348)
West Plains, MO
46, joined Feb. 2014


Quote from Yasureoktoo:
Depends on the event.




Moral relativism

5/12/2015 12:20:52 PM DEA steals $16,000 from Music Hopeful  

muldoon1959
Over 10,000 Posts!!! (13,185)
Vallejo, CA
56, joined Feb. 2008
online now!


You guys still arguing about whether or not this guy was a drug dealer?

Consider this possibility.
If the DEA hadn't ripped him off, the Hollywood producers that were going
to do his music video probably would have.

5/12/2015 12:29:49 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


Quote from progrocknic:
That issue has literally never come up in a court case involving someone getting their money back from the DEA. That's just you making things up again.


Sorry, total fail

If you have unaccounted for, cash, you cannot prove taxes were paid, the IRS will always step in.

In fact, if they know you are trafficking, but just can't prove it, you may go to jail for tax evasion.

5/12/2015 12:30:52 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


Quote from muldoon1959:
You guys still arguing about whether or not this guy was a drug dealer?

Consider this possibility.
If the DEA hadn't ripped him off, the Hollywood producers that were going
to do his music video probably would have.


I know, there is nothing in his claim, that makes any sense.

5/12/2015 12:33:45 PM DEA steals $16,000 from Music Hopeful  

progrocknic
Over 10,000 Posts!!! (11,143)
Mount Arlington, NJ
31, joined Dec. 2012


Quote from Yasureoktoo:
Sorry, total fail

If you have unaccounted for, cash, you cannot prove taxes were paid, the IRS will always step in.


Except it's literally never happened in any DEA court case involving money confiscation. Literally not once. Not even the one lady who had over $200,000 in cash at an airport and a very shady story. She got her money back and the IRS was nowhere.

In fact, if they know you are trafficking, but just can't prove it, you may go to jail for tax evasion.


And this has also literally never happened. At least not in any case involving a DEA confiscation. So again, you're just making things up based in your " best guess." Your best guess sucks, sorry.



[Edited 5/12/2015 12:34:24 PM ]

5/12/2015 12:35:02 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


LOLOL

Maybe you can show me this 200.000 in clean cash story, I gotta see this one.

5/12/2015 12:35:27 PM DEA steals $16,000 from Music Hopeful  
aposorichie
Over 1,000 Posts (1,812)
Berwyn, IL
58, joined Jan. 2009


Quote from thebard58:
aposorichie

I've spent time "in the streets", so I am well aware of the hazards.
Certainly, there are any number of possibilities of bad scenarios.
But they can only be imagined.
To state that if events had happended differently, ____ would have occurred- is actually a logical fallacy called "hypothesis contrary to fact".

Yas

Doesn't matter if he "had an excuse", or "unaccounted for cash". One should not need an "excuse" for any action, unless there is definite evidence that a crime has been committed.
And, unless the individual is under an official legal investigation for criminal activity, the amount of cash anyone carries is no one's business!

The significant issue here, is that people like yourself (apparently) are passively allowing the erosion of our liberty, by allowing such broad discretionary powers and actions to government agencies, under presumptions that "the innocent have nothing to hide", and that the officer's involved are exercising reasonable judgement.

Obviously, we can not assume that law enforcement officers are using good judgement, because we have seen enough examples where this not the case.

And whether someone has someone to hide, is irrelevant to the fact that citizens are entitled to privacy.
And some of us are not willing to forfeit that right, just because others are so frightened that they want the government to monitor everything.
If the citizens of the USA do not stand up to protect their rights, eventually, they will have none.

The problem with the sort of automatic forfeiture law in question here, is that it creates the possibility of actions being motivated by $, rather than for public safety.


Bard better to err on the side of caution because once you are dead or brain dead it can't be undone.

There is simply no excuse to carry large amounts of cash around with you anymore unless you are a drug dealer, loan shark, gambler or buyer or fence of stolen goods.

I know plenty of people who walked around with 3-4K in their pocket when I was younger but it's not the same country as it was 40 years ago.

I mean c'mon do you think that 30-40 shootings a week in Chicago is normal?

No it's not and it's not freedom and liberty unless the people are a MORAL people
and have respect for the lives of others.

Happens all the time Bard.

Go walk down Cicero ave from the Eisenhower to North ave and pretend you are drunk.

See how many times you get jackrolled.

Do you realize the residents of the west and south side neighborhoods of Chicago wanted the president to send in the national guard to clean out the gangs and drugs?

No perfecto mundo Bard.

Nine.

5/12/2015 12:36:56 PM DEA steals $16,000 from Music Hopeful  

naprinciple
Over 7,500 Posts!! (8,348)
West Plains, MO
46, joined Feb. 2014


Quote from Yasureoktoo:
I know, there is nothing in his claim, that makes any sense.




He shouldn't have to prove anything. The burden of proof lies with his accuser

5/12/2015 12:38:37 PM DEA steals $16,000 from Music Hopeful  

naprinciple
Over 7,500 Posts!! (8,348)
West Plains, MO
46, joined Feb. 2014


Quote from Yasureoktoo:
Basically, but it is outdated and needs revision.



Which part is out of date, and what needs to be revamped?

5/12/2015 12:39:08 PM DEA steals $16,000 from Music Hopeful  

progrocknic
Over 10,000 Posts!!! (11,143)
Mount Arlington, NJ
31, joined Dec. 2012


Quote from Yasureoktoo:
LOLOL

Maybe you can show me this 200.000 in clean cash story, I gotta see this one.


http://www.fear.org/ffjournal/$242,484.html

5/12/2015 12:40:08 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


Quote from Yasureoktoo:
LOLOL

Maybe you can show me this 200.000 in clean cash story, I gotta see this one.


and BTW, even if the money came from another country it will be taxed, the number used to be over 10,000, but could be higher now.

5/12/2015 12:42:00 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


Quote from progrocknic:
http://www.fear.org/ffjournal/$242,484.html


So your story does not apply in the first place, why would you even post it.

5/12/2015 12:42:31 PM DEA steals $16,000 from Music Hopeful  

progrocknic
Over 10,000 Posts!!! (11,143)
Mount Arlington, NJ
31, joined Dec. 2012


Quote from Yasureoktoo:
and BTW, even if the money came from another country it will be taxed, the number used to be over 10,000, but could be higher now.


She paid zero dollars taxes.

5/12/2015 12:43:44 PM DEA steals $16,000 from Music Hopeful  

thebard58
Over 7,500 Posts!! (9,280)
Hermiston, OR
56, joined Jul. 2010


Quote from Yasureoktoo:
If you have unaccounted for, cash,...

Unaccounted for, by whom?
The only time assets must be accounted for is in filing bankruptcy, or estates.

...And if you cannot prove taxes were paid, the IRS will always step in.

Your claim of "always" is just as fallacious as progrocknic saying "never", simply because there are exceptions to every rule.
Furthermore (though their procedures often violate the legal principle), per proper "due process"- the burden of proof is actually on IRS to prove taxes were not paid on income, not on the citizen to prove that they did pay taxes on it.
The $ one has may be "gifts", which incur no tax liability upon the recipient.



[Edited 5/12/2015 12:45:29 PM ]

5/12/2015 12:43:56 PM DEA steals $16,000 from Music Hopeful  

progrocknic
Over 10,000 Posts!!! (11,143)
Mount Arlington, NJ
31, joined Dec. 2012


Quote from Yasureoktoo:
So your story does not apply in the first place, why would you even post it.


Because you said, "Maybe you can show me this 200.000 in clean cash story, I gotta see this one."

It's amazing that you critisize my memory when that was only a few posts ago.

5/12/2015 12:50:51 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


Quote from progrocknic:
She paid zero dollars taxes.


LOLOL

She was the owner of a large business in Florida.

If she was just someone without a visible means of support, she would pay taxes on the money. This would not be considered unaccountable cash.

5/12/2015 12:52:59 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


You really gotta stop smoking that stuff.

5/12/2015 12:55:22 PM DEA steals $16,000 from Music Hopeful  

naprinciple
Over 7,500 Posts!! (8,348)
West Plains, MO
46, joined Feb. 2014


Quote from Yasureoktoo:
So your story does not apply in the first place, why would you even post it.




Why doesn't it apply?

5/12/2015 12:57:35 PM DEA steals $16,000 from Music Hopeful  

progrocknic
Over 10,000 Posts!!! (11,143)
Mount Arlington, NJ
31, joined Dec. 2012


Quote from Yasureoktoo:
LOLOL

She was the owner of a large business in Florida.


Irrelevant. He money was taken regardless. She not once provided proof of where the money came from.

If she was just someone without a visible means of support, she would pay taxes on the money. This would not be considered unaccountable cash.

Again irrelevant. She never produced proof of where that money came from, not once. You should read the court case. I know you won't, but you should. The decision to give her money back wasn't based on the money being accounted for.

5/12/2015 1:02:44 PM DEA steals $16,000 from Music Hopeful  

thebard58
Over 7,500 Posts!! (9,280)
Hermiston, OR
56, joined Jul. 2010


Quote from aposorichie:
Bard better to err on the side of caution because once you are dead or brain dead it can't be undone.

"Better to error on the side of caution" is a good motto to follow, as individuals. It is not a responsibility I desire to give authority to the PTB to enforce. (Excepting as related to the welfare of children and incompetents- but even there the "state" leaves too much to arbitrary judgement).

There is simply no excuse to carry large amounts of cash around with you anymore unless you are a drug dealer, loan shark, gambler or buyer or fence of stolen goods.

See, there you go again, with using "excuse".
Under the principles of the COTUS, and application of "due process"...No alibi, excuse, or even explanation can be required unless a crime has been committed!
If the COTUS is properly followed, an officer of the law does not even have the authority to detain you, in any way, or ask you questions, excepting pursuant to the investigation of a crime.(as opposed to the suspicion of one possibly being committed at some time in the future)
This is what is being violated with such procedures as "probably cause" (which is a blatant violation of the 4th amendment).

No it's not and it's not freedom and liberty unless the people are a MORAL people
and have respect for the lives of others.

I do get your point there.
"Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other."- John Adams
But, I am in favor of empowering the "moral and religious" ones, to deal with those who are not, rather than delegating responsibility and authority to government entities.



[Edited 5/12/2015 1:05:52 PM ]

5/12/2015 1:08:44 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


And it is also 2003, so there may be an update on the laws, also a different states laws.
also it looks a little shady too. Maybe something the government just could not prove, and fancy legal work.
She was watched for some reason.
It is safe to say she was audited.

The company has since closed.

5/12/2015 1:09:01 PM DEA steals $16,000 from Music Hopeful  

progrocknic
Over 10,000 Posts!!! (11,143)
Mount Arlington, NJ
31, joined Dec. 2012


I'd just like to know why Jim thinks a black kid on a known drug route with unaccountable cash means he making a drug deal. But a lady carrying almost $250,00 of unaccountable cash on a known drug route is just a business woman. I thought no one has a reason to carry that much cash.

5/12/2015 1:11:00 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


Quote from progrocknic:
Quote from Yasureoktoo:
LOLOL

She was the owner of a large business in Florida.


Irrelevant. He money was taken regardless. She not once provided proof of where the money came from.

If she was just someone without a visible means of support, she would pay taxes on the money. This would not be considered unaccountable cash.

Again irrelevant. She never produced proof of where that money came from, not once. You should read the court case. I know you won't, but you should. The decision to give her money back wasn't based on the money being accounted for.


Sorry, it is completely relevant, she is the president of a corporation that handles cash, there is no reason to pursue where the cash came from.

5/12/2015 1:13:30 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


Quote from progrocknic:
I'd just like to know why Jim thinks a black kid on a known drug route with unaccountable cash means he making a drug deal. But a lady carrying almost $250,00 of unaccountable cash on a known drug route is just a business woman. I thought no one has a reason to carry that much cash.


making shit up again I see.
Hell she probably just did a dope deal herself, but they couldn't prove it.
and the cash is accountable. By the time this hit the courts, I am sure they got all of their ducks in a line.

5/12/2015 1:19:38 PM DEA steals $16,000 from Music Hopeful  

progrocknic
Over 10,000 Posts!!! (11,143)
Mount Arlington, NJ
31, joined Dec. 2012


Quote from Yasureoktoo:
making shit up again I see.
Hell she probably just did a dope deal herself, but they couldn't prove it.
and the cash is accountable. By the time this hit the courts, I am sure they got all of their ducks in a line.


Again, this is why you should read the court case. The reversal of the decision was not based in the accountability of the money or having her ducks all in line. It was deemed there was not enough suspicion to justify taking money. They basically ruled against what DEA law allows. They determined that probable cause means more than just an inability to come up with an origin for the money, or being on a known drug route, or acting suspicious, or even having a drug dog alert on her money bags. Read the court case.



[Edited 5/12/2015 1:20:14 PM ]

5/12/2015 1:20:34 PM DEA steals $16,000 from Music Hopeful  
oppsii
Osseo, MI
45, joined Aug. 2014


Quote from fearless8841:
http://www.huffingtonpost.com/2015/05/07/dea-asset-forfeiture-joseph-rivers_n_7231744.html



After scraping together enough money to produce a music video in Hollywood, 22-year-old Joseph Rivers set out last month on a train trip from Michigan to Los Angeles, hoping it was the start of something big.

Before he made it to California, however, Rivers fell victim to a legal form of government highway robbery.

Rivers changed trains at the Amtrak station in Albuquerque, New Mexico, on April 15, with bags containing his clothes, other possessions and an envelope filled with the $16,000 in cash he had raised with the help of his family, the Albuquerque Journal reports. Agents with the Drug Enforcement Administration got on after him and began looking for people who might be trafficking drugs.

Rivers said the agents questioned passengers at random, asking for their destination and reason for travel. When one of the agents got to Rivers, who was the only black person in his car, according to witnesses, the agent took the interrogation further, asking to search his bags. Rivers complied. The agent found the cash -- still in a bank envelope -- and decided to seize it on suspicion that it may be tied to narcotics. River pleaded with the agents, explaining his situation and even putting his mother on the phone to verify the story.

No luck.

“These officers took everything that I had worked so hard to save and even money that was given to me by family that believed in me,” Rivers told the Journal. “I told (the DEA agents) I had no money and no means to survive in Los Angeles if they took my money. They informed me that it was my responsibility to figure out how I was going to do that.”

Rivers, who has since returned to Michigan, fell victim to civil asset forfeiture, a legal tool that has been criticized as a violation of due process and a contradiction of the idea that criminal defendants are presumed innocent until proven guilty. Asset forfeiture allows police to seize property they suspect is related to criminal activity, without even charging its owner with a crime. The charges are filed against the property itself -- including cash, jewelry, cars and houses -- which can then be sold, with part of the proceeds flowing back to the department that made the seizure.

“We don’t have to prove that the person is guilty,” Sean Waite, the agent in charge at the DEA's Albuquerque's office, told the Journal. “It’s that the money is presumed to be guilty.”

The burden of proof lies with those whose property is taken, who often are forced to wage costly court battles to prove they came by their possessions legally.

That's where Michael Pancer, a San Diego attorney who now represents Rivers, comes in.

“What this is, is having your money stolen by a federal agent acting under the color of law,” Pancer told the Journal. “It’s a national epidemic. If my office got four to five cases just recently, and I’m just one attorney, you know this is happening thousands of times.”

Pancer is challenging the DEA asset forfeiture on Rivers' behalf, and wrote in a letter to Rep. John Conyers (D-Mich.), obtained by The Huffington Post, that Rivers' race "played a role in the incident." Conyers' office wouldn't comment on active litigation.

...


There's more to the article.


Someone please explain to me how this is any different than the Gestapo?


No evidence. No reason to suspect. No proof of guilt.

Just... give me that envelope... and THANKS, Good luck in LA?


WTF is wrong with this country??


If it was still in the bank envelope... why even take it out of the bank to only have it
travel in a suitcase? WEIRD.

Nowadays, who is without a debit card for their bank account/s. I can see where it may be a little suspicious- as it just so happens the cash "mule" is black- so lets make it all about race- not about the possibility of money laundering.

If it's all on the up-n-up it should be easily provable by bank statements and the deposits or receipts from fund raisers, churches etc. produce the proof to get the cash back. easy peasy.

5/12/2015 1:24:38 PM DEA steals $16,000 from Music Hopeful  

naprinciple
Over 7,500 Posts!! (8,348)
West Plains, MO
46, joined Feb. 2014


Quote from progrocknic:
Quote from Yasureoktoo:
making shit up again I see.
Hell she probably just did a dope deal herself, but they couldn't prove it.
and the cash is accountable. By the time this hit the courts, I am sure they got all of their ducks in a line.


Again, this is why you should read the court case. The reversal of the decision was not based in the accountability of the money or having her ducks all in line. It was deemed there was not enough suspicion to justify taking money. They basically ruled against what DEA law allows. They determined that probable cause means more than just an inability to come up with an origin for the money, or being on a known drug route, or acting suspicious, or even having a drug dog alert on her money bags. Read the court case.




I read it and it's on point

5/12/2015 1:24:53 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


I did read the case. and as I said, there are a number of possible after effects, first she can show where the money came from, so they would not even pursue that. There is no reason to question it. Visible means of support would not even apply.
And whatever ruling is in that state anyways, and maybe not even current today.

There are too many differences in these cases,

5/12/2015 1:28:41 PM DEA steals $16,000 from Music Hopeful  
aposorichie
Over 1,000 Posts (1,812)
Berwyn, IL
58, joined Jan. 2009


Quote from oppsii:
If it was still in the bank envelope... why even take it out of the bank to only have it
travel in a suitcase? WEIRD.

Nowadays, who is without a debit card for their bank account/s. I can see where it may be a little suspicious- as it just so happens the cash "mule" is black- so lets make it all about race- not about the possibility of money laundering.

If it's all on the up-n-up it should be easily provable by bank statements and the deposits or receipts from fund raisers, churches etc. produce the proof to get the cash back. easy peasy.


Well you are correct and you can be sure that even if the money is not legit his lawyer

will make it legitimate.

I would however pay to be there to see how the liar..err..I mean lawyer accomplishes

the feat conjuring up a long lost aunt Mabel or uncle Charlie.

Yeah they gave me the money sos I can cut a rap music.

LOL

5/12/2015 1:41:29 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


I'm going to show this to my lawyer, and ask him about it, probably tomorrow, as usual, I think there is a whole lot more to this than reported, or filed.

5/12/2015 1:50:44 PM DEA steals $16,000 from Music Hopeful  

thebard58
Over 7,500 Posts!! (9,280)
Hermiston, OR
56, joined Jul. 2010


Bottom line... "suspicious" does not equal "guilty".

No government agency has the authority to deprive someone of property unless it is for cost of services (tax base), or sanctions/recompense for a crime committed.

Due process of law requires that... Any property seized in the process of an arrest, may only be retained if charges are filed. (And, in that case, only items that qualify as pertinent evidence may remain in the possession of the authorities).
If no charges are filed- then any and all property in trust must be returned to the owner upon their release from custody.
(The only exception being if ownership is in contention- such as sometimes happens in cases involving restraining orders).

That is the proper application of "due process", and related COTUS provisions.



[Edited 5/12/2015 1:52:05 PM ]

5/12/2015 1:53:02 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


Some more problems here aside from not having all the information is civil forfeiture laws change from state to state.
We are comparing a 1997 event in Florida, a state whose very economy was based on drugs in the 70's, 80's, and 90's, to New mexico.

5/12/2015 1:59:26 PM DEA steals $16,000 from Music Hopeful  

thebard58
Over 7,500 Posts!! (9,280)
Hermiston, OR
56, joined Jul. 2010


Quote from Yasureoktoo:
Some more problems here aside from not having all the information is civil forfeiture laws change from state to state.
We are comparing a 1997 event in Florida, a state whose very economy was based on drugs in the 70's, 80's, and 90's, to New mexico.


Irrelevant.

All that really matters is... if these statements are true:

“We don’t have to prove that the person is guilty,” Sean Waite, the agent in charge at the DEA's Albuquerque's office, told the Journal. “It’s that the money is presumed to be guilty.”

The burden of proof lies with those whose property is taken, who often are forced to wage costly court battles to prove they came by their possessions legally.


Then so is this one:

“What this is, is having your money stolen by a federal agent acting under the color of law,...


Presumption of guilt is what is known as "Napoleonic Law", which is the exact polar opposite of the basic principle of American law/jurisprudence.



[Edited 5/12/2015 2:01:11 PM ]

5/12/2015 1:59:32 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


Was all of this complied with.

Federal civil forfeiture cases usually start with a seizure of property followed by the mailing of a notice of seizure from the seizing agency (generally the DEA or FBI) to the owner. The owner then has 35 days to file a claim with the seizing agency. The owner must file this claim in order to later protect his property in court. Once the claim is filed with the agency, the U.S. Attorney has 90 days to review the claim and to file a civil complaint in U.S. District Court. The owner then has 35 days to file a judicial claim in court asserting his ownership interest. Within 21 days of filing the judicial claim, the owner must also file an answer denying the allegations in the complaint. Once done, the forfeiture case is fully litigated in court.

5/12/2015 2:14:56 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


Just looking at some of these cases, most of them smell in the first place, they just cannot be proven, and some are abuses by the system.
Overall it seems the laws for it, out weigh the talk against it.

5/12/2015 2:40:05 PM DEA steals $16,000 from Music Hopeful  

thebard58
Over 7,500 Posts!! (9,280)
Hermiston, OR
56, joined Jul. 2010


yas

Do you understand the concept of "presumption of guilt" vs "innocent until proven guilty"?

Seizure of anything that might be considered evidence, at the scene of a crime, is proper procedure.
Taking of anything, when there is no criminal complaint charged, is a blatant violation of the 4th amendment. ERGO SUM
And the involuntary transfer of property (someone else being able to take, and keep, your property) is a judicial prerogative (the courts).
Neither the executive (law enforcement), or legislative branch has authority to do this, under the COTUS.

Maybe this will help clarify it for you...

You sell me a car, and I think that you "ripped me off" (defrauded me).
Since I suspect that you lied about something, I have "probable cause".
So I pull a gun on you, and make you give me money.
(Of course, as a private citizen, I could be arrested for threatening you with a weapon, but federal agents can't).
Then, you must file some sort of paperwork (which probably requires a lawyer), within a certain # of days, or you lose your right to your own property. It's mine now, thank you.

If you do file this form... I file one... etc. eventually it goes to a court, where you may, or may not, get a all, or just a portion of it back.

Oh, and BTW, if you are totally innocent, and I was wrong, don't expect to be re-imbursed for your legal costs. (Let alone time, stress, and/or extra expenses due to not having the funds to pay bills when due.)

Does that sound reasonable to you?



[Edited 5/12/2015 2:43:05 PM ]

5/12/2015 2:47:37 PM DEA steals $16,000 from Music Hopeful  
aposorichie
Over 1,000 Posts (1,812)
Berwyn, IL
58, joined Jan. 2009


I suppose they shouldn't seize the hundreds of thousands of dollars they catch people

with trying to cross into Mexico with too.

I mean they are innocent until proven guilty.

5/12/2015 3:02:09 PM DEA steals $16,000 from Music Hopeful  

thebard58
Over 7,500 Posts!! (9,280)
Hermiston, OR
56, joined Jul. 2010


Quote from aposorichie:
I suppose they shouldn't seize the hundreds of thousands of dollars they catch people

with trying to cross into Mexico with too.

I mean they are innocent until proven guilty.


Unless they charge them with a crime, yes.

Though it is rather foolish to carry large amounts of cash, it is not a crime, in and of itself to do so.
Believe it or not, there are still a few people who do not trust banks, or wish to be restricted to "plastic".
Though I do have bank accounts, and would probably go with a "cashier's check" to deal with that sort of amount, I still do "cash and carry" as much as possible- simply because I don't like the idea of being "profiled" (like the smart chips on credit cards), and the fact that every single purchase made on a "card" siphons money to a third party, thereby raising the cost of doing business.



[Edited 5/12/2015 3:03:43 PM ]

5/12/2015 3:03:17 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


bard

I understand presumption of guilt, but there are other factors to consider.

The seizure of funds is important here, we have case that are so obviously drug or other illegal activity the state needs something to override it, yes, there can, and are abuses, just like in any system, but I am all for the overall good behind it.

5/12/2015 3:06:54 PM DEA steals $16,000 from Music Hopeful  

thebard58
Over 7,500 Posts!! (9,280)
Hermiston, OR
56, joined Jul. 2010


Quote from Yasureoktoo:
bard

I understand presumption of guilt, but there are other factors to consider.

The seizure of funds is important here, we have case that are so obviously drug or other illegal activity the state needs something to override it, yes, there can, and are abuses, just like in any system, but I am all for the overall good behind it.


Yas

If it is so obvious, then charges should be filed, and theoretically a conviction would be obtained.

In the absence of such, everything should be returned, with no action required on the citizen's part.

I understand about the perspective of "the overall good behind it", but it brings to mind the Franklin quote about "those who trade liberty for security"...

5/12/2015 3:31:33 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


You can't file charges on "Obvious" you need proof, that]s why this law was made apparently.

This guy can get his money back if it is legal, it would probably not be taken in the first place if he had any proof, even verbal proof of why it exists.

What I have said repeatedly if there was something in the exchange that set off red flags.
Or maybe he was even followed from Detroit, we just don't have all the info.
What we are led to believe, is it was just some poor black kid minding his own business, but it never seems to turn out that way, once all the chips are in.

5/12/2015 3:37:51 PM DEA steals $16,000 from Music Hopeful  

progrocknic
Over 10,000 Posts!!! (11,143)
Mount Arlington, NJ
31, joined Dec. 2012


Quote from Yasureoktoo:
if it is legal, it would probably not be taken in the first place if he had any proof, even verbal proof of why it exists.


If that was true then the DEA wouldn't have given back millions of confiscated money due to a lack of both proper record keeping and improper procedure.

5/12/2015 3:45:13 PM DEA steals $16,000 from Music Hopeful  

thebard58
Over 7,500 Posts!! (9,280)
Hermiston, OR
56, joined Jul. 2010


Quote from Yasureoktoo:
You can't file charges on "Obvious" you need proof, that's why this law was made apparently.

In other words, to circumvent "due process"...
The fact that sometimes it isn't possible to get sufficient proof, even though the situation seems "obvious", and the guilty may sometimes go unpunished, is just part of the price we for freedom.
(Of course, if the "rules of evidence" didn't allow so much exclusion, due to technicalities about procedures, etc. then that would be much more rare).

This guy can get his money back if it is legal,...

But not without a hassle.

...it would probably not be taken in the first place if he had any proof, even verbal proof of why it exists.
This is based upon an inherent assumption that the officers involved used good judgement. While we would like to believe this, we know of many instances where it has proven to be a false assumption.

What I have said repeatedly if there was something in the exchange that set off red flags.
Or maybe he was even followed from Detroit, we just don't have all the info.
What we are led to believe, is it was just some poor black kid minding his own business, but it never seems to turn out that way, once all the chips are in.

True, we are not privy to all the facts.
Also true that such situations are often presented to garner sympathy on the basis of race, or some other thing. And that many times it turns out that the actions seem warranted.

However, none of that changes the fact that any taking of property, by state agencies, without the benefit of a court order, is simply an unconstitutional violation of the basic principles upon which this country was founded.



[Edited 5/12/2015 3:46:08 PM ]

5/12/2015 3:47:28 PM DEA steals $16,000 from Music Hopeful  
Yasureoktoo
Over 4,000 Posts! (7,375)
Seattle, WA
60, joined Dec. 2014


From the few cases that are public, it looks like they just could not be proven,
The only millions, are ill gotten,
If there is a cut and dried supreme court decision, this won't happen, but apparently it works