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The Soon Coming Judgment Of God Upon America and How To Escape It 340
financing law enforcement and prisons by ceasing the assets of drug dealers. Then he got to the
problems. Congressman Hyde states:
Unfortunately, I think I can say that our civil asset seizure laws are being
used in terribly unjust ways, and are depriving innocent citizens of their property
with nothing that can be called due process. This is wrong and it must be changed.
Please enter in with me the Kafkaesque world of civil asset forfeiture. I
advise you never to buy an airplane ticket at an airport with cash. This behavior
may cause the ticket agent to alert the police that you are a possible drug dealer.
You will be searched. If you are carrying large amounts of cash, it will be
confiscated. Unfortunately for you, you fit a drug profile.
But you are not carrying drugs. The money can be used at an auction of
antique cars, where business is done in cash only. It doesn't matter, Agents can
seize your money based on probable cause that it is intended in a drug transaction.
Don't worry, you won't be arrested. You will likely be courteously sent on your
way, but sans your cash. If you want to get it back, your troubles have just
begun....
In attempting to get your property back, you have available few of the
procedural safeguards of the criminal law. All the Government need show to
justify a seizure is probable cause that the property is subject to forfeiture. Then
you must prove the property is innocent. [It is not up the the government to prove
it is guilty.] What are some of the other obstacles you will face in getting your
property back? You are not entitled to an attorney if you are indigent. You must
provide a 10-percent bond for the privilege of contesting the Government seizure.
You have a short period of time to file your claim. Unlike some forfeiture statutes,
property can be forfeited even if the property owner is completely innocent and
either did not know of others' illegal use of his property... Even if you somehow
prevail, the government is not liable for any damage caused by its negligent
storage of your property. If your property is your livelihood, you might be
bankrupt by the time you get it back.
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A problem that Congressman Hyde didn't mention is that corrupt individuals in law
enforcement or a corrupt law enforcement agency can use this act to seize virtually any property
they want. All they need to do is plant drugs on the property. They also have the ability to use
their criminal contacts and have them engage in criminal activity on property they want to seize.
Attorney Lee Bailey related the story of his clients to the Committee. He states:
On May 9, of this year at 7:20 in the morning, a young couple aged 30
who were own a telemarketing business... awakened by a knock at the door. They
saw more than 30 agents of various agencies with guns drawn and a battering ram
at the ready, and were told that if the door didn't open immediately, it would be
broken down.
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