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« Judges vs. Obama | Main | Marvel Sales »

Can you relate? We're living in a police state.

First, you've probably heard and been appropriately outraged over the Supreme Court's recent 5-4 decision to allow strip searches for any arrest. But what you may not have known is that it was the ruling that Obama's Department of Justice wanted:

What virtually none of this anti-Florence commentary mentioned, though, was that the Obama DOJ formally urged the Court to reach the conclusion it reached. While the Obama administration and court conservatives have been at odds in a handful of high-profile cases (most notably Citizens United and the health care law), this is yet another case, in a long line, where the Obama administration was able to have its preferred policies judicially endorsed by getting right-wing judges to embrace them...

And then there's this article about asset forfeiture.

Last December, filmmaker Terrance Huff and his friend Jon Seaton were returning to Ohio after attending a "Star Trek" convention in St. Louis. As they passed through a small town in Illinois, a police officer, Michael Reichert, pulled Huff's red PT Cruiser over to the side of the road, allegedly for an unsafe lane change. Over the next hour, Reichert interrogated the two men, employing a variety of police tactics civil rights attorneys say were aimed at tricking them into giving up their Fourth Amendment rights.
...
Asset forfeiture is the process by which law enforcement agencies can take possession of property suspected of being tied to illegal activity. Under these laws, the property itself is presumed to be guilty of criminal activity. Once the property has been seized, it's up to the owner to prove he obtained the property legitimately.

In about 80 percent of civil asset forfeiture cases, the property owner is never charged with a crime.

...
Critics say it's because police can target out-of-state drivers, who are more likely than local residents to accept a police officer's baseless accusations and turn over their property, rather than refuse and face arrest, multiple returns to the state for court dates and thousands of dollars in legal expenses. Sometimes winning the property back can exceed the actual value of the property.

This is all via Balloon Juice.

By fnord12 | April 6, 2012, 10:52 AM | Liberal Outrage