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New Montana law blocks police from profiting off criminal activity

 
Sol Neman
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User ID: 65217191
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07/10/2015 03:00 AM
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New Montana law blocks police from profiting off criminal activity
This seems like a step in the right direction but who knows anymore...

They say crime doesn't pay, but it can for law enforcement.

Police can take your car, home, and cash if you used it to commit a crime.

"I’d say 90 percent of what we do related to forfeitures is related to drug activity," said Billings Police Chief Rich St. John.

That means money made from drug dealing could be confiscated, and if the dealer's car was used for the sales, that could be taken too and later absorbed by law enforcement agencies.

As long as a connection between the crime and the asset could be made, the item could be forfeited.

"These laws were put on the books with really good intentions,” said Rep. Kelly McCarthy (D-Billings). “We want to get drug dealers, put them out of business and take them off the streets. But this didn't do it. What it does is basically let the drug dealers go back to work the next day, we're just taking the profit from it."

[...]

But this legislative session, McCarthy passed a new law that became effective July 1st.

It makes Montana one of five states with such a law.

"What we're requiring now is that you prove that you really have a drug dealer in front of you,” said McCarthy. “Don't just convict them and take their stuff and let them off the hook."

[...]

Cont'd here - [link to www.ktvq.com]
 Quoting: [link to www.ktvq.com]


Last Edited by Sol Neman on 07/10/2015 03:01 AM
Educate and inform the whole mass of the people...They are the only sure reliance for the preservation of our liberty ~ Thomas Jefferson
Sol Neman  (OP)

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07/10/2015 03:06 AM
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Re: New Montana law blocks police from profiting off criminal activity
Civil Asset Seizure Restrictions Now in Effect in Montana and New Mexico

On Wednesday, laws enacted earlier in the year in Montana and New Mexico went into effect, limiting the ability of police and other law enforcement agencies to use civil asset seizure laws within those states. Civil asset seizures, also commonly known as forfeiture laws, have been some of the biggest drivers of police abuses since they were partnered with the “War on (Some) Drugs” back in the eighties. The size, militarization, and lethality of police departments have all increased in leaps and bounds over the past few decades, as a result of that unholy partnership.

Cont'd here - [link to www.copblock.org]
 Quoting: [link to www.copblock.org]

Educate and inform the whole mass of the people...They are the only sure reliance for the preservation of our liberty ~ Thomas Jefferson
Anonymous Coward
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07/10/2015 03:11 AM
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Re: New Montana law blocks police from profiting off criminal activity
"A deferred sentence is not technically a conviction, so Twito said" - last line of the article.

No one viewing criminal background checks -- customs, hr -- view it that way.

It comes up as a conviction but that the "sentence", not the "conviction", was simply deferred.
Sol Neman  (OP)

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07/10/2015 03:17 AM
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Re: New Montana law blocks police from profiting off criminal activity
"A deferred sentence is not technically a conviction, so Twito said" - last line of the article.

No one viewing criminal background checks -- customs, hr -- view it that way.

It comes up as a conviction but that the "sentence", not the "conviction", was simply deferred.
 Quoting: Anonymous Coward 69705715


So you're thinking they'll go after more convictions now rather than taking their stuff and dismissing the charges (or not charge them at all)?

I would agree with you.

After reading a little more about it. This law was passed simply to appease the masses. It doesn't really have the 'teeth' needed to cause any real change. Now they'll just convict, and defer the sentence as you stated above. The defendant still gets to walk and the PD satisfies their requirement and gets to take their stuff.
Educate and inform the whole mass of the people...They are the only sure reliance for the preservation of our liberty ~ Thomas Jefferson





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