Rand Paul introduces FAIR Act to protect against asset forfeiture without due process

[jct74]

Sen. Paul Introduces the FAIR Act

Jul 24, 2014

WASHINGTON, D.C. - Sen. Rand Paul yesterday introduced S. 2644, the FAIR (Fifth Amendment Integrity Restoration) Act, which would protect the rights of citizens and restore the Fifth Amendment's role in seizing property without due process of law. Under current law, law enforcement agencies may take property suspected of involvement in crime without ever charging, let alone convicting, the property owner. In addition, state agencies routinely use federal asset forfeiture laws; ignoring state regulations to confiscate and receive financial proceeds from forfeited property.

The FAIR Act would change federal law and protect the rights of property owners by requiring that the government prove its case with clear and convincing evidence before forfeiting seized property. State law enforcement agencies will have to abide by state law when forfeiting seized property. Finally, the legislation would remove the profit incentive for forfeiture by redirecting forfeitures assets from the Attorney General's Asset Forfeiture Fund to the Treasury's General Fund.

"The federal government has made it far too easy for government agencies to take and profit from the property of those who have not been convicted of a crime. The FAIR Act will ensure that government agencies no longer profit from taking the property of U.S. citizens without due process, while maintaining the ability of courts to order the surrender of proceeds of crime," Sen. Paul said

Click HERE (http://www.paul.senate.gov/files/documents/FAIRAct.pdf) for the FAIR Act legislation text.

http://www.paul.senate.gov/?p=press_release&id=1204

[jct74]

if anyone wants to retweet it


492378294428635136

[jct74]

this is my favorite piece of legislation that he has introduced so far.

#StandWithRand :)

[KingNothing]

It's just astonishing that this law even needs to be passed.

http://www.slate.com/articles/news_and_politics/jurisprudence/2010/02/take_the_money_and_run.html

The absurdity of asset forfeiture in this country is just maddening. I'm sure this law won't pass, since it limits the power of the government to bully, abuse and steal from us, but anyone holding it back or voting against it will look ridiculous.

[orenbus]

Sounds like this is the type of stuff the law would prevent if it passed:


https://www.youtube.com/watch?v=6AdA7oE1cDQ


April 30th, 2014

Reading about state forfeiture laws that allow cops to seize money from citizens who have not broken any laws is infuriating as it is.

But watching it done on dash cam is absolutely enraging.

Especially when Humboldt County deputy Lee Dove gives a driver the choice between abandoning $50,000 and be on his way or having it seized along with his car under Nevada’s state forfeiture law.

The dash cam video was obtained by KLAS-TV in Las Vegas, which published the following transcript:


Deputy Dove: “That’s not yours, is it?”

Motorist: “That’s mine.”

Deputy Dove: “Well, I’m seizing it.”

The dash-cam video gives insight into what some say is a pattern of questionable drug interdiction stops by Deputy Dove along I-80 near Winnemucca in northern Nevada. The out-of-state motorist was stopped for doing 78 mph in an 75 mph zone. Deputy Dove finds $50,000 cash and $10,000 in cashiers checks during a search of the car. The first issue is whether Dove obtained permission to search the car or whether he simply told the driver, Tan Nguyen, he was going to do it.

Deputy Dove: “Well, I’m gonna search that vehicle first, ok?”

Nguyen: “Hey, what’s the reason you’re searching my car?”

Deputy Dove: “Because I’m talking to you … well, no, I don’t have to explain that to you. I’m not going to explain that to you, but I am gonna put my drug dog on that (pointing to money). If my dog alerts, I’m seizing the money. You can try to get it back but you’re not.”

Nguyen: (inaudible) got it in Vegas.”

Deputy Dove: “Good luck proving it. Good luck proving it. You’ll burn it up in attorney fees before we give it back to you.”

But Dove never seizes the money under state forfeiture law, instead he offers Nguyen a deal. Abandon the cash and you can leave with the cashiers checks. Otherwise, Dove will confiscate the cash anyway and tow the car because Nguyen’s name isn’t on the rental agreement.

Deputy Dove: “It’s your call. If you want to walk away, you can take the cashiers checks, the car and everything and you can bolt and you’re on your way. But you’re gonna be walking away from this money and abandoning it.

The driver sued the department to get his money back along with $10,000 in attorney’s fees. And Dove is still a deputy, although he is no longer allowed to order citizens to just abandon their money. But he still has the authority to seize money under the tiresome guise of the “war on drugs.”


Humboldt County Sheriff Ed Kilgore spoke with the I-Team and said proper procedures were not followed in a number of cases. He said, his officers no longer ask people to abandon their cash. If it’s suspected proceeds from a crime, the civil forfeiture process will be followed and people will be given their day in court, Kilgore said. He added, he thought the cases were being sent to the district attorney’s office and being handled as forfeitures, but some were not. That was the case with Tan Nguyen’s money. “We want to do the right thing. I am a strong proponent of fighting the war on drugs, and I want to make sure everything we do here is on the up-and-up,” Kilgore said.

http://photographyisnotacrime.com/2014/04/30/dash-cam-video-exposes-nevada-deputy-abusing-already/

[Acala]

Excellent! Rand is really good at raising these freedom issues that most Americans should be able to agree on.

[presence]

He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has affected to render the Military independent of and superior to the Civil power.
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

..

[Origanalist]

Long overdue, but better late than never. Good for Rand.

[jct74]

Jon Stewart covered this issue on his show a few days ago

http://thedailyshow.cc.com/videos/pjxlrn/highway-robbing-highway-patrolmen

[HVACTech]

Excellent! Rand is really good at raising these freedom issues that most Americans should be able to agree on.

and not wrestling with the RINOS on their pet subjects...

[Boshembechle]

Great bill!

[phill4paul]

Kudos.