This is done even if you are later proven not guilty and even if they were somebody else's drugs (civil asset forfeiture). Do you think this is right?
2006-11-11 01:50:25 · 25 answers · asked by V for Vendetta 1 in Politics & Government ➔ Law Enforcement & Police
Yes, they can take your car, your house, and any thing else associated with the crime. It is part of RICO Anti-racketeering law.
Oh, and you still have financial responsibily for the confiscated items.
2006-11-11 01:58:31 · answer #1 · answered by damdawg 4 · 2⤊ 0⤋
If you're found not guilty, you petition the court to retrieve your car. Now you might or might not get your car back. The car was used to transport drugs. Hopefully your passenger will own up to the drugs that may mean they take the hit for them, fine, jail, ETC. If they don't the drugs were in your car. And as the owner you, not your passengers are responsible for what is in your car. If you have the type of friends that do drugs, then you take the chance of losing your car.
I remember a while back a gal in Seattle had her car seized at the US, Canadian boarder; her boyfriend had a joint in the car. Later he said he didn't think they'd take HER car because he had put a joint in it. It was all over the paper that they were seizing cars; but he didn't think they would, she ended up going to court to get her car back.
Is it right? That's a hard question, part of me says Yes, Drugs are a huge problem and we should do anything to stop the transport of drug, no matter how small. But I also realize that the police could and have become more interested in assert forfeiture (they get a % back to their department budget) that in some cases they'll take a car, cash, ETC, and not charge the person. The person signs the car, cash, or whatever, over to the police, and the prosecutor gives them probation, if they are charged at all. NOTE: This might have changed; I don't keep up on the drug laws.
Personally, I think they should have to change and convict someone in the car before they could seize it. That would also mean passengers, again as the owner your are responsible for what is in your car. If no one is convicted then the car is returned to the owner. If there is a conviction then the car is seized and the owner wants they car back, they have to go to court and explain why they let drugs into their car.
Now I say passengers too, because if you don't include passengers, then no owner would ever have drugs. "Hey officer, they're not mine, their my passengers."
Like I said as long as there is a conviction, then they should be able to seize the car, otherwise no.
Just my opinion.
2006-11-11 02:31:47 · answer #2 · answered by Richard 7 · 0⤊ 0⤋
There is a difference between the two proceedings. One is criminal (you got caught with dope or had someone in your car that had it) and the other civil. With a foreiture you must prove how the car was purchased, i.e. bring in your pay history from whom you borrowed the money. If you can not do that and the state can convince the judge that you most likely purchased the vehicle with money obtained through any illegal activity then the vehicle can be seized. I would suggest you change who you hang with and try not to do anything that would draw the attention of the police.
2006-11-11 02:24:59 · answer #3 · answered by Leigh P 3 · 0⤊ 0⤋
The Rico laws were designed to seize the assets of drug dealers becasue those people will sell drugs, then launder the money by buying something legit, like a house or car. They have the right to seize those assets. I don't know any of hte intracicies of the law, though.
This is a law I don't know much about-don't need to! I don't use/buy/sell drugs, and I don't associate with people who do. This is a non factor for me. You play with fire, you take the chance of getting burned-you just got burned.
2006-11-11 01:58:49 · answer #4 · answered by melouofs 7 · 2⤊ 0⤋
A law is a law is a law.
That does not make it right.
Laws can be changed if enough people do not feel its right. That is the only alternative that presents itself.
In this case the car was carrying the drugs. Ownership of the drugs are an independent issue. Separate the two.
2006-11-11 01:56:51 · answer #5 · answered by Carl 3 · 0⤊ 1⤋
in case you force on a provisional licence and there is not a motive force with an entire licence supervising you, you would be breaking the regulation. The coverage is for the motive force of the automobile, not the automobile - that's why you boost a no claims bonus over numerous years, whether you alter your automobile. So if the motive force with the coverage is not with the automobile and the motive force with the provisional licence incorporates on driving they are going to be driving with out coverage. If caught by ability of the police they might and regularly will impound the vehicle as a manner to minimise the possibility of the vehicle being in touch in an accident the place there would desire to be uninsured losses. think you collided with somebody and broken their automobile - who could pay for the upkeep ? think you injured them and that they mandatory finished-time nursing care, who is going to pay for his or her care ? specially circumstances the coverage firms could cough up in the 1st occasion, yet those losses would be recovered by ability of elevating coverage rates in successive years. specially circumstances the injured occasion hasn't have been given a very finished coverage, so they could ought to pay for the upkeep for themselves and if injured, by some ability locate the funds to pay for care. of course, in the event that they caught the criminal, they might sue for damages and absence of earnings, however the probability is that the criminal won't have the financial materials to pay the £a hundred,000+ costs of nursing care out of their own pocket. the value of the seized automobile does not come everywhere close to the value of the above. So, while you're thinking of doing it, please do not.
2016-10-21 21:51:38 · answer #6 · answered by dampier 4 · 0⤊ 0⤋
If the person is found not guilty then the things will be returned but not in the same condition because of further searches.Its just not f..king right
2006-11-11 02:02:16 · answer #7 · answered by Billy T 6 · 0⤊ 0⤋
Yes, since it matters little whose drugs they were, the car was being used in committing of a crime ( trasporting the drugs)
Also if you own a house they can take the house if there are drugs in the home.
2006-11-11 05:36:59 · answer #8 · answered by Anonymous · 1⤊ 0⤋
If you lie down with dogs you get up with flees. If you hang around with people who use drugs, eventually you are going to get in trouble---even if it is guilt by association. It is legal for the police to seize your vehicle if drugs are found inside it, even if they aren't yours.
2006-11-11 05:05:59 · answer #9 · answered by sleepless in NC 3 · 0⤊ 0⤋
Yes, it is right. You have no business with drugs, yours or anyone else's. You could go to jail for a serious offense like that.
2006-11-11 02:01:00 · answer #10 · answered by notyou311 7 · 1⤊ 0⤋