California moves to curb police profits on seized property

[TexasTowelie]

SACRAMENTO — Lawmakers are advancing legislation to prevent California police from prematurely selling suspected criminals' belongings.

California law already requires that a person be convicted before police can seize cash or property valued under $25,000 that's believed to have been attained illegally.

Democratic Sen. Holly Mitchell of Los Angeles says police work around that law by partnering with federal agencies to seize assets and reap millions of dollars.

SB443 would prohibit law enforcement agencies from profiting off of those partnerships in cases of suspected drug activity. It would increase the ceiling for other crimes to $40,000.

Read more: http://napavalleyregister.com/ap/state/california-moves-to-curb-police-profits-on-seized-property/article_5294a004-242f-5cbe-a8a2-80b0cacbc04d.html

[procon]

1. These seizures are just shortsighted and wrong.

If the cops take a car because some jerk committed a crime, that car is probably not solely his. More than likely it's jointly owned, and there is a wife who has done nothing wrong, but she is still going to lose her property through no fault of her own. How is that even legal?

It snowballs from there if she can't drive to work and loses her job, loses her house, and goes on welfare with her husband doing time. It ends up costing the tayers far more in the long eun than whatever meager cash the cops might get at a property auction.

[TexasTowelie]

2. I have a mixture of feelings about the seizures myself.

I agree that the proceeds that financial gains that are a direct result of illegal activity are fair game; specifically, anyone carrying large amounts of cash (six figure amounts) while also trafficking contraband. I also believe that certain items of property can also be seized if it is apparent that they could not have been purchased without the involvement of illegal activity (expensive vehicles and homes over $500k). However, I am in agreement that property such as a modest value vehicle or home that were purchased as a result of hard work or if they are jointly purchased constitutes an unjust seizure. Therefore, the seizure laws should provide a deterrent to criminal activity, but the enforcement of those laws should be done judiciously to avoid situations like those mentioned in your post.