Originally Posted by
Global_Hi_Flyer
Oh, and part of the problem is that in many places the police department that makes the seizure is 'rewarded' by keeping part of the spoils. But there is no corresponding penalty if the seizure was found to be improper. The entire burden is on the person from whom the money was seized - he/she has to petition, he/she lose use of the money during the court proceedings, he/she may be identified publically as a perp - even if they aren't. That is known in the real world as being a conflict of interest. There is a very, very strong incentive to seize now and ask questions later.
I suspect some local police departments come to depend on this stolen I mean seized money to balance their budgets. I read of local departments confiscating hundreds of thousands of dollars year after year. The conflict of interest is too tempting. The police are addicted to drug money just like a heroin addict is addicted to his drugs.
They arrest a local drug dealer and confiscate $200,000. They make a "procedural mistake regarding evidence" on the arrest and the dealer does not get convicted because the police do not want him convicted. They want him back on the street. Six months later, they pop him again and keep another $200,000. The dealer is happy, being out of jail and in business. The "loss due to stolen cash" is a cost of doing business no more than if he was bribing the cops. The cops get to say "We're not getting bribed", but the drug money ends up in their pocket just the same. What's the difference? None that I can see.
I believe many police departments would not "win the war on drugs" even if it was possible. The want it to continue to justify large and ever larger departments and to be able to steal cash from drug dealers when they need some cash. The cops are addicted to the drug cash and will not kick the habit.
IF confiscating cash is allowed, the department making the confiscation should NOT be allowed to keep the cash. Pass a law requiring it to be donated to the local United Way. Do not let the cops be rewarded for questionable cash steals.
I'm sure SS31 will disagree. Oh, well. Happy New Year.