Comments on: Police roundup https://www.overlawyered.com/2015/12/police-roundup-4/ Chronicling the high cost of our legal system Wed, 02 Dec 2015 20:02:06 +0000 hourly 1 By: gasman https://www.overlawyered.com/2015/12/police-roundup-4/comment-page-1/#comment-330404 Wed, 02 Dec 2015 20:02:06 +0000 http://overlawyered.com/?p=56471#comment-330404 In reply to Hugo S Cunningham.

Hugo,
What legal standard of ‘bad driver’ do you propose. Because the state already had a well defined path of testing and licensure. [even if driving tests seem a big porous for the unskilled to still pass]

If they hold a license at the time of borrowing a car, then they are a legal driver, good enough for the State (and therefore not legally Bad). If they then commit bad acts while driving, they are still a licensed driver during the commission of bad driving acts.
If their license is subsequently suspended or revoked, it is not retroactive. Their license was still fully in force at the time of their bad acts.

Forfeiture is just theft, dressed up to pass judgement of those who believe that forfeiture will never come to their door.

]]> By: MattS https://www.overlawyered.com/2015/12/police-roundup-4/comment-page-1/#comment-330383 Wed, 02 Dec 2015 04:53:46 +0000 http://overlawyered.com/?p=56471#comment-330383 In reply to Hugo S Cunningham.

I emphatically oppose civil forfeiture (full stop).

Civil forfeiture is per se an abuse.

]]> By: Hugo S Cunningham https://www.overlawyered.com/2015/12/police-roundup-4/comment-page-1/#comment-330378 Wed, 02 Dec 2015 01:32:19 +0000 http://overlawyered.com/?p=56471#comment-330378 I agree with Walter on what constitutes abuse of civil forfeiture, with one big exception– cars used for dangerous driving, especially by drivers already under restrictions. Owners should not lend their cars to bad drivers. If a bad borrower gets the car forfeited, the owner can be compensated with a default judgment against the borrower for the full value of the car. Alternatively, he could get the car back by getting the borrower jailed as a thief.

I emphatically oppose civil forfeiture of cars for non-safety reasons eg enforcing prohibition laws.

]]> By: Gasman https://www.overlawyered.com/2015/12/police-roundup-4/comment-page-1/#comment-330377 Wed, 02 Dec 2015 01:30:14 +0000 http://overlawyered.com/?p=56471#comment-330377 http://ij.org/report/policing-for-profit/

Police take more than all burglary combined. Organized crime has always has the protection of the police. Now cops have learned to cut out the middle man.

]]> By: Bill Poser https://www.overlawyered.com/2015/12/police-roundup-4/comment-page-1/#comment-330376 Wed, 02 Dec 2015 00:49:31 +0000 http://overlawyered.com/?p=56471#comment-330376 Since the state has eliminated the authority for the civil forfeiture program, what legal authority does the city of Albuquerque have for continuing with seizures? In the absence of legal authority, aren’t the police just engaged in grand theft?

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