Even in the class action, the motors likely didn’t get their money back and only the ACLU came out ahead – to the detriment of local taxpayers.

There are better ways to challenge forfeiture laws than class action.

To clarify though, obviously hard assets seized (vehicles, jewelry, etc.) would still need to be auctioned off, the actual proceeds from which would be destroyed. So right off the bat, there’s a potential for abuse related to the auction, but that’s the case even now whether or not the money is destroyed. Then, Jeff R, brought up the other area for abuse, the actual destroying of money. I agree that that’s definitely a vulnerability in this scheme, but I’d still prefer to have that problem than what the current scheme permits since, as it is now, when law enforcement receives this money it’s all legal. Under a ‘destroy it all’ scheme, in order for law enforcement to receive any of this money, they’d still have to break the law to get it. Also, none of the money has to be actual cash. It could all be sent into a bank account whose balance is deleted. That’s another point for abuse, but again, it still requires someone in government to break the law. A better problem to have in my opinion.

Am I the only one who thinks that requiring seized property to be destroyed would only result in more overt corruption and the direct lining of pockets with the “destroyed” cash?

Overt corruption is preferable to what we have now – at least then, everyone agrees it’s wrong (but people do it anyway… like, say, murder – welcome to humanity).

Because, most people still believe that LEO’s are mostly good people who are passionate about rule of law and protecting the public…that if you are not doing anything wrong you have nothing to worry about…etc. Perhaps painting the Jolly Roger on the side of all their vehicles will help educate the public.

Maybe I read too many comics as a kid, but I would really enjoy reading about a “Punisher” type vigilante who drives around with piles of cash and then cuts off the hands of the highway robbers.

Jeff R | August 7th, 2012 at 7:36 pm

Am I the only one who thinks that requiring seized property to be destroyed would only result in more overt corruption and the direct lining of pockets with the “destroyed” cash?

Bingo. I suspect that the shredders and incinerators would be fed big blocks of paper that looked like banknote bundles.

And the LEOs would suddenly all be taking trips to Lichtenstein every few months. (Lichtenstein bankers make Swiss bankers look like loud blabbermouths.)

—

Direct comment on the Tenaha case: The only ‘justice’ would have been if the LEOs had been forced to 1) Return all the money to the victims and 2) Forced to apologize to the victims at the exact spot where the extortion occurred at a time previously announced to the public.

@14 I have never understand how anyone who has read the Fourth Amendment could believe these seizures are legal.

The mullahs in black robes declared it legal, so that is all that matters. It has nothing to do with sensibility, and everything to do with corruption and power and AUTHORITY to send a message.

That way, police or prosecutors would have no financial stake, and no one else would have a very big one.

That would probably be easier to sell than just destroying the money.

And the money could only be seized after conviction for a crime, of course. I have never understand how anyone who has read the Fourth Amendment could believe these seizures are legal.

The howling, angry shriek from law enforcement (accompanied by lies, violent threats and other intimidations like “save the children”) should serve notice to all that the one true focus of law enforcement has become seizing money, and to hell with anything/anyone else.

Protect & Serve (Themselves!)

Of course, if it had to be destroyed, I think the incidence of forfeiture abuse would fall to almost nothing, anyway, at least for actual cash.

My view is and remains that only on conviction (and not a plea bargain either, conviction) is the only way in which “proceeds of crime” orders should be made.

ALL of the money obtained through asset forfeiture is to be destroyed. Period.

snip

Destroying the money is the only way to give it directly, and evenly back to all citizens by means of (hopefully) reduced inflation.

This is exactly what I was coming to post.

And to Danny: OK, I’ll blame Texas on “Team Red”… and Chicago on “Team Blue”.

Chicago, the murder capital of the world. Chicago, home of “the Chicago Machine”, synonymous with corruption throughout the US at least.

You really want to go there?