The Glade 4.0

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 Post subject: Re: F*ck you OHP
PostPosted: Wed Jun 15, 2016 6:16 pm 
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adorabalicious
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Diamondeye wrote:
Elmarnieh wrote:
Your passports to Elmostan are in the mail. Welcome countrymen.


Please provide GPS coordinates. Asking for a firing solu... friend.



38.890011, -77.09099

Fir...have your friend visit anytime.

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 Post subject: Re: F*ck you OHP
PostPosted: Mon Jun 20, 2016 3:34 pm 
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Program suspended by the governor

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PostPosted: Tue Jun 21, 2016 8:45 am 
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Good. If they think there is evidence of a crime, then they should use criminal forfeiture laws, not civil, and prove it in a court. There are many legitimate reasons for people to carry cash (purchasing vehicles and property, etc) that don't involve breaking the law.

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 Post subject: Re:
PostPosted: Tue Jun 21, 2016 1:09 pm 
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Serienya wrote:
Good. If they think there is evidence of a crime, then they should use criminal forfeiture laws, not civil, and prove it in a court. There are many legitimate reasons for people to carry cash (purchasing vehicles and property, etc) that don't involve breaking the law.


This, unfortunately, is a problem of civil forfeiture and suspending this new electronic toy doesn't change that - but it does at least limit them back to seizing physical cash.

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 Post subject: Re: Re:
PostPosted: Tue Jun 21, 2016 4:11 pm 
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Diamondeye wrote:
This, unfortunately, is a problem of civil forfeiture and suspending this new electronic toy doesn't change that - but it does at least limit them back to seizing physical cash.


Yup, and hopefully they'll limit that more effectively too. As it is now, there is far too much of an incentive to do the seizures, as much of the proceeds go to the departments themselves.

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 Post subject: Re: Re:
PostPosted: Tue Jun 21, 2016 4:48 pm 
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Serienya wrote:
Diamondeye wrote:
This, unfortunately, is a problem of civil forfeiture and suspending this new electronic toy doesn't change that - but it does at least limit them back to seizing physical cash.


Yup, and hopefully they'll limit that more effectively too. As it is now, there is far too much of an incentive to do the seizures, as much of the proceeds go to the departments themselves.


That's true, but even if the proceeds didn't go to the department you'd see pressure to get the money for other government uses. The underlying process is the use of civil procedure as an end run around criminal law. Much like how people can sue for "wrongful death" after a murder acquittal, this simply needs to go away. There's cases where it might be exploited (O.J. Simpson would have gotten to keep his money) but protection of the criminal process is more important that either acquiring funds or victory in individual cases. With today's improvements in electronic forensics, I don't see that the practical need for civil forfeiture exists as it did at the time it was implemented.

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