The Center For Problem-Oriented Policing<\/a>, which goes into great detail. The article is written, and I quote, \u201cThe target audience for this response guide is, first and foremost, any law enforcement official who is contemplating starting an asset forfeiture program in his or her agency. This guide also serves as a refresher for those currently engaged in the practice. Finally, researchers and others who are interested in the issues surrounding asset forfeiture should find this guide helpful.\u201dThat article should answer most questions about asset forfeiture, its strengths and weaknesses, and the value to the community.<\/p>\nThat being said, I feel compelled to bring up several points that I would think should be obvious, but sometimes seems to get lost in the muck and mire of having a common sense approach to life. First, I would like to strongly urge all persons not to attempt to become informed citizens by watching a British comedian discuss asset forfeiture or other important events in our culture. I submit the comedy Channel is not a reliable news source. Comedy, by its very nature, exaggerates, overstates, over simplifies, minimizes, and maximizes certain facts and truths, not for the sake of the news, but for the sake of the comedic effect. If a comedian simply related the facts of the story it would probably not generate much laughter and the comedian would find him or her self looking for a different line of work. Simply put, their objective is to entertain, not to educate. The comedy bit may many aware of a social issue and that was good. The responsibility to further research and become educated on the issue then fell on the individual. That responsibility is too often overlooked. I cannot stress this enough, first the research, then the debate.<\/p>\n
Another point that caught my attention, and what seems to have many up in arms, were the video clips associated with the comedy bit showing police Officers inquiring of citizens whether they happened to have a large amount of cash on them. It then discussed those poor individuals who had all their money confiscated by the big, bad, policeman who had no right to do so. Let me point out a few misconceptions this type of video clip may bring about. It needs to be pointed out that video clips are moments taken out of context. One is not privy to what let up to, or immediately followed the incident in the clip. First off, there are remedies available for any citizen who feel that their property was unlawfully obtained by a law enforcement agency. They cannot just take your property and that is the end of the story. Criminal forfeiture requires a \u201cbeyond a reasonable doubt\u201d standard of proof, and civil forfeiture requires a \u201cpreponderance of evidence\u201d standard of proof. Typically you will not see incidents whereby some poor citizen has lost all they have because they were discovered with a joint in their pocket.<\/p>\n
This paragraph will probably not be well accepted bf my law enforcement comrades, so feel free to fast forward, should you so desire. With regards to the persons who answer \u201cyes\u201d when asked if they had a large sum of money I can only ask the question, why? One is not compelled to respond to that type of question. In the first place, a \u201clarge sum of money\u201d is ambiguous as it means different things to different people. Consider this scenario at a traffic stop: \u201cExcuse me sir, but do you have a dead body in your trunk?\u201d, \u201cwhy yes, Officer. I am so glad you asked, it was getting pretty ripe back there and I really needed the room for groceries\u201d. One would not respond yes to the body in the trunk question and one should probably not respond yes to the large sum of money question. This type of obfuscation is common when an officer asks an individual if they have been drinking. Know your rights and know to what questions you are required to respond. If you are truly worried that a police officer is going to come and take your house away because they saw you toking up on your front porch, the answer is quite simple, don’t toke up on your front porch.<\/p>\n
One final point about asset forfeiture. A great deal of good comes from the program. How this money can be used is highly regulated by law. Money is infused into the budgets of financially strapped police departments. This money is used to offset the cost of the ravages of the drug war. The money obtained directly, or through property auction is used to fight the drug war, either through purchase of equipment for that purpose, training, or public education programs such as DARE. I have seen times when a drug dealers car is re-purposed to be used by officers traveling to various schools to do drug awareness training. You have to admit, there is a certain poetic justice to that. You tell me, if a person with no visible means of support or on welfare, driving a $50,000 automobile and living in a $250,000 house, and not being required to pay taxes on their non-income, do you think a reasonable person would suspect that just maybe all of that was purchased from ill-gotten gains? Do you think this type of individual should be held accountable\u00a0for their actions? You decide.<\/p>\n
<\/p>\n
Those are my thoughts, what are yours?<\/p>\n
Feel free to comment, disagree, share and subscribe. Thank you for patronizing the Townehouse Phoenix.<\/p>\n","protected":false},"excerpt":{"rendered":"
Recently there was a flurry of comments on a Facebook debate regarding the merits of Asset Forfeiture, presumably both civil and criminal. Since I am very familiar with the debaters I felt compelled to […]<\/p>\n","protected":false},"author":1,"featured_media":12911,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_daextrevo_audio_file_creation_date":"","_daextrevo_text_to_speech":"","_daextrevo_document_type":"","_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[13,21],"tags":[],"class_list":["post-1173","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-commentary","category-opinion"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2019\/12\/THFI.png?fit=214%2C200&ssl=1","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":857,"url":"https:\/\/townehouse.net\/?p=857","url_meta":{"origin":1173,"position":0},"title":"Thoughts on the H3Cincy Program","author":"Tom Lind","date":"March 24, 2014","format":false,"excerpt":"Call me cynical. Call me old school. You might even call me old-fashioned, but i cannot see the benefit of programs such as the H3Cincy program. There have been many programs of this sort over the years, but I have never seen any results that show any value or return\u2026","rel":"","context":"In "Commentary"","block_context":{"text":"Commentary","link":"https:\/\/townehouse.net\/?cat=13"},"img":{"alt_text":"http:\/\/www.dreamstime.com\/stock-photography-basketball-backboard-smiley-face-image14192482","src":"https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2015\/05\/basketball-backboard-smiley-face-14192482-150x150.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":11538,"url":"https:\/\/townehouse.net\/?p=11538","url_meta":{"origin":1173,"position":1},"title":"The Coffee Hole","author":"Tom Lind","date":"July 27, 2015","format":false,"excerpt":"As I sit here week after week and present my point of view, I most often feel as if I am standing alone. I am not sure why because the point of views that I hold are not so radical and not so extreme that no others would share them\u2026","rel":"","context":"In "Commentary"","block_context":{"text":"Commentary","link":"https:\/\/townehouse.net\/?cat=13"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2015\/07\/img_0001.jpg?fit=1024%2C768&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2015\/07\/img_0001.jpg?fit=1024%2C768&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2015\/07\/img_0001.jpg?fit=1024%2C768&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2015\/07\/img_0001.jpg?fit=1024%2C768&ssl=1&resize=700%2C400 2x"},"classes":[]},{"id":530,"url":"https:\/\/townehouse.net\/?p=530","url_meta":{"origin":1173,"position":2},"title":"Is Big Brother Watching? (Part 2)","author":"Tom Lind","date":"August 3, 2013","format":false,"excerpt":"In previous blog articles I discussed camera technology as it is being used for speed and red light enforcement and surveillance cameras. A third camera technology came on the scene several years ago and is gaining popularity. This technology is known as LPR. LPR stands for License Plate Reader or\u2026","rel":"","context":"In "Commentary"","block_context":{"text":"Commentary","link":"https:\/\/townehouse.net\/?cat=13"},"img":{"alt_text":"License Plat Reader","src":"https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2013\/08\/plate-reader-JPEG-150x150.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":12044,"url":"https:\/\/townehouse.net\/?p=12044","url_meta":{"origin":1173,"position":3},"title":"Reflections on Being A Police Officer","author":"Tom Lind","date":"June 13, 2016","format":false,"excerpt":"On\u00a0\u00a0June 11th, 2016 the J.B. Covert Masonic Lodge presented its annual Flag Retirement Ceremony. The Lodge, in partnership with a local Boy Scout Troop, accepted flags from around the community to be retired in a proper and respectful way. In addition, the lodge chose to Honor law enforcement by burning\u2026","rel":"","context":"In "Commentary"","block_context":{"text":"Commentary","link":"https:\/\/townehouse.net\/?cat=13"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2016\/06\/slider.png?fit=781%2C411&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2016\/06\/slider.png?fit=781%2C411&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2016\/06\/slider.png?fit=781%2C411&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2016\/06\/slider.png?fit=781%2C411&ssl=1&resize=700%2C400 2x"},"classes":[]},{"id":11700,"url":"https:\/\/townehouse.net\/?p=11700","url_meta":{"origin":1173,"position":4},"title":"On Marijuana Reform – The \u201cExperts\u201d speak","author":"Tom Lind","date":"August 28, 2015","format":false,"excerpt":"The debate rages here in Ohio as the November election date draws near. Do we or do we not want to Legalize Marijuana in the great State of Ohio. I, like many, am still reading and researching, trying to make the best informed decision that I can. To that end\u2026","rel":"","context":"In "Commentary"","block_context":{"text":"Commentary","link":"https:\/\/townehouse.net\/?cat=13"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2015\/08\/35546123001_4435038215001_Screen-Shot-2015-08-20-at-2-23-01-PM.png?fit=1080%2C608&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2015\/08\/35546123001_4435038215001_Screen-Shot-2015-08-20-at-2-23-01-PM.png?fit=1080%2C608&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2015\/08\/35546123001_4435038215001_Screen-Shot-2015-08-20-at-2-23-01-PM.png?fit=1080%2C608&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2015\/08\/35546123001_4435038215001_Screen-Shot-2015-08-20-at-2-23-01-PM.png?fit=1080%2C608&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2015\/08\/35546123001_4435038215001_Screen-Shot-2015-08-20-at-2-23-01-PM.png?fit=1080%2C608&ssl=1&resize=1050%2C600 3x"},"classes":[]},{"id":11797,"url":"https:\/\/townehouse.net\/?p=11797","url_meta":{"origin":1173,"position":5},"title":"Control The Guns","author":"Tom Lind","date":"October 9, 2015","format":false,"excerpt":"Why is it that anytime an incident occurs in the country that involves firearms someone or many someones will take advantage of the event to politicize the time-worn topic of gun control. It does not matter if it is a mass shooting or a tragic accident involving a child. Personally\u2026","rel":"","context":"In "Commentary"","block_context":{"text":"Commentary","link":"https:\/\/townehouse.net\/?cat=13"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2015\/10\/obama-750x400.jpg?fit=750%2C400&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2015\/10\/obama-750x400.jpg?fit=750%2C400&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2015\/10\/obama-750x400.jpg?fit=750%2C400&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/townehouse.net\/wp-content\/uploads\/2015\/10\/obama-750x400.jpg?fit=750%2C400&ssl=1&resize=700%2C400 2x"},"classes":[]}],"jetpack_shortlink":"https:\/\/wp.me\/p38YRh-iV","_links":{"self":[{"href":"https:\/\/townehouse.net\/index.php?rest_route=\/wp\/v2\/posts\/1173","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/townehouse.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/townehouse.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/townehouse.net\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/townehouse.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1173"}],"version-history":[{"count":0,"href":"https:\/\/townehouse.net\/index.php?rest_route=\/wp\/v2\/posts\/1173\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/townehouse.net\/index.php?rest_route=\/wp\/v2\/media\/12911"}],"wp:attachment":[{"href":"https:\/\/townehouse.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1173"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/townehouse.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1173"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/townehouse.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1173"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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<\/a>Recently there was a flurry of comments on a Facebook debate regarding the merits of Asset Forfeiture, presumably both civil and criminal. Since I am very familiar with the debaters I felt compelled to attempt to educate them in what asset forfeiture is all about and hopefully dispel some of their misconceptions. Although I know that a number of readers of this blog are Law Enforcement Professionals, I want to stress that this article is not designed to educate you as a group. I would think you would find that insulting. I am directing this article to the uninformed masses so they may become better informed citizens and realize the potential value of the asset forfeiture programs. I would like law enforcement to read this and correct me should I be wrong.<\/p>\n