Pubdate: Sun, 15 Nov 2015
Source: Victoria Advocate (TX)
Copyright: 2015 Victoria Advocate Publishing Company
Contact: http://www.victoriaadvocate.com/letters-to-editor/submit/
Website: http://www.victoriaadvocate.com/
Details: http://www.mapinc.org/media/671
Author: Carl Bankston

CIVIL ASSET FORFEITURE WITHOUT A CONVICTION IS WRONG

Editor, the Advocate:

The Nov. 8 Advocate story about civil asset forfeiture is disturbing. 
Stephen Tyler is involved with the legalized theft of money, cars and 
other valuables owned by people who are only suspected of a crime but 
have not been convicted at trial.

I was taught in my high school civics classes that, in America, a 
basic tenent of justice is that a person is presumed innocent until 
proved guilty in a trial or he pleads guilty. This isn't happening 
with civil asset forfeiture. People are being punished by having 
their property confiscated by government without being convicted of a 
crime. Why? The answer is in the sixth paragraph: "District Attorney 
Stephen Tyler uses civil asset forfeiture to pad his budget." Tyler 
should wait until after he gets a conviction to confiscate property.

Look at the first example in the Advocate story:

"A traffic stop on U.S. Highway 77 cost one driver $51,500.

The man said he was going to buy horses and cars. Because of the road 
he was on, a state trooper thought he was funneling drug money.

The man has not yet been convicted of a crime, but he'll never get 
his money back."

State Rep. Terry Canales was quoted as saying, "It is not illegal to 
carry a bulk amount of cash in the United States ... "

Having cash on one's person is not evidence of a crime. According to 
the five dollar bill in my pocket, "This note is legal tender for all 
debts, public and private." Having cash is legal, and there are no 
limits on how much one may carry unless the person is leaving the 
country. Why is law enforcement doing the same things for which they 
would arrest a private citizen? They say that civil asset forfeiture 
is legal, that it is sanctioned by the legislature.

In the movie "Cool Hand Luke," a prison guard put Paul Newman's 
character into the solitary box and apologized, saying that he's just 
doing his job. Newman responded with, "Ahhh. Calling it your job 
don't make it right, boss."

Civil asset forfeiture without a conviction is wrong. Saying it's 
legal and that the money helps pay for things the budget won't cover 
"don't make it right, boss."

Carl Bankston, Victoria
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MAP posted-by: Jay Bergstrom