- Joined
- Apr 9, 2007
- Messages
- 52,730
- Reaction score
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As this lawyer says rarely do you find anyone being awared damages in Civil Asset Forfeiture case. Due to government just giving the money/possessions back and Qualified Immunity.
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This happened in Alabama
- Deputies raid a couple's home
- They steal / take many things of value, including $4000 in cash (the only money they had which they were going to use to refinance their chicken farm)
- They lost their house to foreclosure because of the raid
- LEO justify it under Civil Asset Forfeiture
- Deputies did NOT have a warrant.
- Judge who the deputy talked to testified that she NEVER issued a telephonic warrant. She stated that she specifically told him he does not have a warrant but probably has enough for a warrant. She specifically tells him that her talking to him is NOT a warrant
- Officer even testified he did not have a warrant.
- Couple had a chicken farm. Due to the Sheriff's actions and being jailed, they lost their house and farm. They ended up living in a shed because they were broke.
- This all happened i 2019. Only now did the couple receive some modicum of justice. A Jury just awarded them $1 million because of how balatant a rights violations this case was.
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The Lawyer mentions how Civil Asset Forfeiture laws flips the concept of burden of proof. The gov. takes your stuff without any proof you did anything wrong and doesn't even accuse you of doing something illegal. You have to prove you are innocent. The litigation is stacked in the government's favor.
He also talks about how Qualified Immunity insulates LEOs in such cases because it invalidates many lawsuits
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This happened in Alabama
- Deputies raid a couple's home
- They steal / take many things of value, including $4000 in cash (the only money they had which they were going to use to refinance their chicken farm)
- They lost their house to foreclosure because of the raid
- LEO justify it under Civil Asset Forfeiture
- Deputies did NOT have a warrant.
- Judge who the deputy talked to testified that she NEVER issued a telephonic warrant. She stated that she specifically told him he does not have a warrant but probably has enough for a warrant. She specifically tells him that her talking to him is NOT a warrant
- Officer even testified he did not have a warrant.
- Couple had a chicken farm. Due to the Sheriff's actions and being jailed, they lost their house and farm. They ended up living in a shed because they were broke.
- This all happened i 2019. Only now did the couple receive some modicum of justice. A Jury just awarded them $1 million because of how balatant a rights violations this case was.
----
The Lawyer mentions how Civil Asset Forfeiture laws flips the concept of burden of proof. The gov. takes your stuff without any proof you did anything wrong and doesn't even accuse you of doing something illegal. You have to prove you are innocent. The litigation is stacked in the government's favor.
He also talks about how Qualified Immunity insulates LEOs in such cases because it invalidates many lawsuits
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