Date: Sat, 7 Nov 1998 09:40:24 -0500
Reply-To: Bulley-Hewlett & Associates <gmbulley@BULLEY-HEWLETT.COM>
Sender: Vanagon Mailing List <vanagon@vanagon.com>
From: Bulley-Hewlett & Associates <gmbulley@BULLEY-HEWLETT.COM>
Subject: $$$ Seizure law, was: Open container (very weak VW content)
Anyone carry over $1000 has been labled a drug dealer. Burden of proof is
on you to prove otherwise.
Welcome to the USA.
>>>>>>>>>>>>>>>>>>>>>>>>>>
Bulley soapbox:
Sixty Minutes has done two reports on the "Seizure Law" that Cowboy Ronnie
or his trusty side-kick, Sr. Bush put in place. Real eye-opener. This law
is another example of the shortsighted, reactionary, "pioneer spirit"
methods that team took to solving problems. In the words of the great
actor: "mistakes were made".
If you don't think to hard about it, which apparently our lawmakers didn't,
the seizure law sounds fantastic. We all hate drugs, and want to do all we
can to stem the tide of drugs flowing into our youth. Seize their cars and
money and that'll hit them where they hurt. Head 'em off at the pass, and
round 'em up for a lynchin'. Further, our poor, underprivileged police will
receive the funds so they can do more good in our communities. YEAH!
Careful, don't think too much more ore you'll figure out what's wrong with
this law.
Our legal system has two major tenants that (disregarded under the seizure
law), that nagging "innocent until proven guilty" thing, and the burden of
proof residing with the accuser, not the accused. Under the law, you can
stand clear and innocent of any crime, and yet have to prove that the MONEY
is innocent. 60min gave the example of a landscaper who was on his way one
Spring to buy a huge quantity of shrubbery for the year. He brought a large
sum of cash, (basically all of his savings, $30 k) because the discount for
cash was tremendous. Cops stopped, seized the cash, sent him on his way. He
ended up spending almost $30k and an entire year to get the original $$$
back. That's here in the States.
The seizure law gives tremendous incentive to the seizing officer, in that
HIS department receives the funds or vehicle seized. As the previous poster
noted, you have to prove the MONEY was NOT to be used to buy drugs. Good
luck. It is almost impossible. Made even more impossible if the bills you
are carrying have recently come in contact with any drugs, and left some
sort of residue. For the cops, this is proof positive that you are a dope
head.
Louisiana is supposedly the worst for this law, and Sixty minute ran a
story exclusively on the corruption in small county (parish?) departments
that routinely stop out of state travelers driving expensive cars, seize
the vehicle, and keep it.
The law is based on probability and assumption. Odds are, if you are
carrying more than a $1,000, you may be about to buy or sell drugs. But,
(pulling a number out of thin air) I could imagine about 10% of the
travelling public carrying more than $1,000 at any given time, for
legitimate reasons, or for no particular reason at all. Some folks just
carry a lot of cash 'cuz it make us feel good, like others carry a gun, or
a lucky rabbit's foot.
Thanks for letting me vent. I'm no dope-head, and I voted for Cowboy Ronnie
and his posse of cattle ropin' fanatics, so don't go flaming me about that.
I just think this law is unjust, and want it thrown out before someone
seizes my Westy.
By the way, this seizure law was one of the reasons I removed the entire
interior from our 1976 loaf, and hosed it out top to bottom with a pressure
washer. I had no idea if the van had been used for moving drugs, and all it
would take for a seizure is a little wisp of coke or marijuana, and the van
could belong to some Cajun Sheriff who would use it to haul crawdads and
gumbo. :)
gmb
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