December 30, 2016

How civil forfeiture turns cops into robbers

Holly NicholasRebel Commentator
 

Civil forfeiture allows law enforcement to take property from citizens without charging anyone with a crime. The property is then handed off to the government who can then sell it for profit.

When these rules first came into place, they were meant to deter crime but it’s now suggested they’re turning cops into robbers as government uses these laws as a way to make a profit. It’s becoming one of the biggest threats to property rights.

We’ve already seen a few significant stories coming out of Canada, specifically Ontario, including that of Margaret and Terry Reilly. Things went sideways for the couple who owned rental properties when in 2008, the police found that illegal drug activity was occurring at two of the residences. Shortly after, those properties were seized by the Ontario government.

Once Margaret and Terry were stripped of landlord rights, the properties were unoccupied and left to deteriorate. The couple were forced to stand by and watch it all happen even though they had never been found guilty of, or involved in, any crime.

In the United States, the problem appears to be worse.

For example, in 2011 Philadelphia made 6,560 forfeiture petitions for things like cars, cash and homes and from 2002 to 2012, that city took in $64 million from the process, $25 million of which went to pay for salaries.

That’s pretty telling isn’t it? Not only is this unconstitutional and a threat to property rights, but it’s as if the police are now looking for profit over justice.

If this can happen to Bruce Montague and the Reillys, it can happen to any one of us.

Comments
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commented 2017-01-01 13:25:16 -0500
Drew: What about gun seizures? First and foremost, I believe the guns laws in Canada are way too restrictive and some of are outright ridiculous. Now that that is out of the way I’ll try to put it in laymen terms for you….in any criminal investigation done by police in Canada the law requires that they have reasonable/probably grounds to believe that a crime: was committed, is being committed or is going to be committed. Then and only then can they seize items or “evidence” (guns, knives, explosives, bats, tools etc…) relative to the crime they are investigating. The only other authority where they can seize anything is if they believe that harm to the public would occur if they didn’t or as the law states “in the interest of public safety”. If police seize anything, the law further requires (to protect an accused person or any one else against UNLAWFUL seizure of property) that the police make an application to a judge in order to hold on to or “further detain” the item/evidence…which needs to be explained and justified. And guess what happens when it’s not explained or justified or if the judge simply disagrees? The police must return the seized item(s) because if they don’t…then like Holly said, it turns into an unlawful detention or “Theft”.
commented 2017-01-01 04:26:38 -0500
DREW WAKARIUK commented 8 hours ago
S V then explain gun seizures.
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Good catch Drew.!
It is too easy for government authorities to seize citizens property in this country.
it will probably get worse before it gets better but it will get better.
commented 2016-12-31 21:55:19 -0500
I need someone to “apologize to” -
So that I can make them ’ Feel Good’.
commented 2016-12-31 20:40:52 -0500
Cameron yeah sure you did, and this is one of a number of cases, now go believe some more of CBC’s bullshit. Like the Rob Ford 911 call,troop torture BS , the non reporting of the Levin trial, and the non reporting of the attack on the Jewish family in Calgary and the way they exclude the person religion or ethnicity when it involves a Muslim. Also go tell your boss Tom to quit being sexist and running stop signs. Sorry if you hate the truth , but it seems to me that wannabe commies always do hate reality.
And Ezra is succeeding and you failed. LMAO!
commented 2016-12-31 20:36:07 -0500
S V then explain gun seizures.
commented 2016-12-31 18:45:22 -0500
Cameron Robock, please post links to your “more in depth” research. I am fascinated to read it.
commented 2016-12-31 14:18:22 -0500
Very poorly written Holly. Just so you’re aware, the burden of proof required in order for the crown to seize someone’s property is enormous, specifically the crown must prove beyond a reasonable doubt that homeowners (or landlords in your example) accepted payment/money knowing that it came from the commission of an offence. And, must then prove that the illegal money was invested back into the house or paid onto the mortgage etc. That’s an enormous burden in any criminal or civil case for any agent of the court in Canada. These laws are not only fair but the strict enforcement of them are long overdue.
commented 2016-12-31 12:43:01 -0500
I did a little bit more digging then rebel entertainment did. Found the owners, were also involved in the selling of the drugs and getting kick backs in cash. They also found out all the properties were bought with drug money….but rebel entertainment can’t be bothered to report a full story. Sigh
commented 2016-12-31 11:41:34 -0500
As usual, Anonymous, you have everything wrong. This article is about the police taking away LAND from people and these people are not criminals, or were made criminals by some inappropriate charge from the government.

Like you said in another post … to Liza I think … that you do not watch the videos here at The Rebel, yet you pretend to know all about them. Obviously you do not by your completely off the mark comment.
commented 2016-12-31 03:35:39 -0500
I always wanted to go to one of those auctions where they sold off cars that were grabbed from criminals.
commented 2016-12-30 21:21:22 -0500
Holly:
The following article on Margaret and Terry Reilly sheds another light on them and their situation:
http://www.orilliapacket.com/2012/03/23/local-landlords-in-court-next-week
There were 39 incidents and a stabbing that took place at their properties and, according to this article, they did nothing about it to correct the situation.
My question is: why didn’t they evict the tenants?
The other pertinent point here is they had defaulted on their mortgage payments (over $100k).
I’m lead to believe there is more to this story than just a poor couple trying to help others.
You have to be responsible and able, both financially and knowledge wise on the ownership of properties whether you are helping people or being a true landlord.
commented 2016-12-30 21:10:42 -0500
Yet, houses can be rented for growing marijuana and the landlord has not right to enter without giving notice.
Why are these landlords off the hook and able to sell the property when these two cases Holly sited were penalized?
commented 2016-12-30 21:09:46 -0500
Civil forfeiture laws are a self evident validation of the old axiom about the road to hell being paved with good intentions.

Any law which presumes to breach a civil right for the “greater good”, operates on the fallacious premise that one crime justifies a crime by the state. In the end result, authority is always abused, and if a law has a potential for abuse, it will be abused.

I recall that this law was supported by a majority of PCs as a “law and order measure” and very few spoke against it.
commented 2016-12-30 19:06:41 -0500
A government that is big enough and powerful enough to give you everything you want is big enough and powerful enough to take everything you have.!!
To serve and protect has morphed into “to serve and collect”
commented 2016-12-30 18:59:29 -0500
Give the government the right to steal and they will. Hell, I feel like my blood has a direct line to their bellies!
commented 2016-12-30 18:59:07 -0500
The Government of Ontario are the ones making a profit, not surprising, they are Liberals. The Police do what they are told to. Like, grab what you can.

In the not to distant future, the Police Force will consist of mostly Muslim Officers, then we will see some mega profiteering and also a lot of ‘Shot while resisting arrest’ reports.

If you are white, your days are limited.
commented 2016-12-30 18:59:07 -0500
The Government of Ontario are the ones making a profit, not surprising, they are Liberals. The Police do what they are told to. Like, grab what you can.

In the not to distant future, the Police Force will consist of mostly Muslim Officers, then we will see some mega profiteering and also a lot of ‘Shot while resisting arrest’ reports.

If you are white, your days are limited.
commented 2016-12-30 18:55:11 -0500
I am the son of a former cop. I was an auxiliary, myself. Do you want to know how much I trust cops now? Rhetorical question.