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Now only convicted criminals can have their property seized.
From the NewportNewsTimes:
By the slimmest of margins and with even the majority divided over the reasons, the Oregon Supreme Court, in a 4-3 decision reached on Oct. 19, ruled that Measure 3 – approved by voters in November 2000 – is constitutional.
This Measure was not only approved, but approved by a very large margin. In fact Clatsop County had the closest numbers, passing it at a 9-6 margin, other counties were closer to a 2-1 margin.
Prior to the measure’s adoption, law enforcement agencies could use civil courts to request forfeiture of money and property police believed were obtained during criminal activity, especially drug dealing, or purchased with proceeds derived from criminal activity. Measure 3 requires law enforcement agencies to get a criminal conviction before they can pursue such forfeiture. It also tightens the rules on what property is subject to forfeiture, slashing the amounts law enforcement officials can claim, restricting the use of forfeiture proceeds, and effectively limiting a major source of funding for narcotics investigations.
Well, anytime something takes away funding resources for the “Drug War” it’s something positive for the public…(Unless you are a Authoritarian or a NRA member..)
More:
Civil liberties groups claim Measure 3 protects people from unjustified seizure of their property. Prior to Measure 3, they note, police could take property even if the owner was never convicted of a crime, and without proving their case according to the higher standards required in criminal trials.
So I guess the question is, will police still be able to seize people’s cars if they are accused of a DUII, now that this law held up in court?
2 On Oct 26, 11:50 am, Tryan Hartill wrote:
I knew you would call me on that.
I feel the same way about the NRA that you do about the ACLU.
And for my money, any court system that doesn’t have to comply with the Constitution is “bovine scat”.
What do you think about Oregon’s Ballot process to change the Oregon Constitution?
Would you support a “Country-wide Ballot Process” to change the U.S. Constitution?
3 On Oct 26, 11:55 am, Josh wrote:
The main supporters of Measure 3 were…drug dealers and George Soros. They weren’t able to cite a SINGLE exmple of abuse of this law in Oregon. They did run ads about some yahoo sheriff in Louisiana though. Without the ability to do forfeiture (from which my office has derived exactly $0.00 in the 10 years we handled drug forefitures) the BUSINESS of drug dealing has very little disincentive since, unlike most crimes, it is in fact..a business and the cost of doing business is so low because of the pathetic penalties attached to state (not federal) drug laws. People only go to prison in Oregon if they are DEALERS of large amounts of meth and even then usually spend less than 2 years in prison.
4 On Oct 26, 03:21 pm, Walter Richards wrote:
Q: Would you support a “Country-wide Ballot Process” to change the U.S. Constitution?
A: I believe that is what we already have. The states don’t need the Congress to introduce an amendment.
5 On Oct 26, 05:05 pm, Tryan Hartill wrote:
The main supporters of Measure 3 were…drug dealers and George Soros.
That must have been a heartbreaker to learn that 2/3 of Oregonians think so highly of drug dealers, that they would vote for a Measure supported by them.
Seriously though, if the best reasons to vote no is because of George Soros and the Drug Dealer Political Action Committee; and that Governments have never done it so they never will, I can see why this passed so easily.
Walter
Yes, I know that route is a possible way to do it. But I was thinking more like a change to the Constitution voted on by everyone. A yes or no box for an Amendment change, below where we mark for President.
6 On Oct 26, 07:56 pm, Josh wrote:
Walter, as Lincoln said “You can fool all the people some of the time….” and so on.
Measure 3 isn’t the first or last time voters got snookered. Unfortunately as we have seen if outside interests have millions to put into an election, partiuclarly a fairly arcane topic, you can pull off almost anything.
Measure 3 was passed because of phoney scarey stories about jackbooted thugs stealing grandma’s house because her grandson grew 3 pot plants. Hasn’t ever happened in Oregon when we had forfeiture and wouldn’t happen if the Oregon Supreme Court had voted one vote differently. If you doubt who funded Measure 3 just look up the C & E (Contribution and Expenditure) Reports available at the Secretary of State’s website. Dry reading, but revealing.
8 On Oct 27, 08:58 am, Walter Richards wrote:
Unfortunately, Josh, saying “it hasn’t happened in Oregon (yet)” isn’t a valid defense of the law. Philosophically, anyway. I’m sure there are Oregon laws that were passed because of concern about something that hadn’t happened in Oregon (yet).
And while the “pro” side may have only found one incident in LA … I’ve found numerous instances across the United States of such incidents. I’ve even posted a few on this board.
The danger is that once people get used to hearing about it in other states … they get conditioned to it … and then when it finally does happen in their state, they don’t care anymore.
It’s just a fact of the creeping tyranny that is constantly replacing more and more of our Constitutional Liberties.
9 On Oct 27, 09:40 am, Josh wrote:
I care because forfeiture was one of the few disincentives we could threaten a drug DEALER with who makes money off people’s meth addictions. My point is that I don’t care who gets the money. Treatment is fine but now we are getting ZERO for treatment because it abolished ALL forfitures. When we DID do forfeitures we did collect money but I wanted to emphasize that the DA’s office in no way profited from it. Having heard the ads Soros sponsored, the claim was that law enforcement was wallowing in all the money it squeezd out of some poor stoner with a couple doobies.
10 On Oct 27, 10:01 am, Patrick McGee wrote:
This is for all three of you.
What do you think the penalty/punishment should be for that first seriuos drug offense that brings a young man or woman to court.
My authority says, in hindsight to his experience with substance abuse, it should be full sentencing for the crime if convicted with no breaks, minor or not.
To many, that first hard lesson will stick and if, then, they continue, the next sentencing should br cranked-up another notch.
No pleas, no pre-trial agreements, etc., etc., etc.
Likely all of you will say that has to be legislated but, who’s got the state Attorney Generals ear?
11 On Oct 27, 12:06 pm, Tryan Hartill wrote:
As you and I both know there is no way that ANY State has the resources for that. If Measure 11, Jessica’s Law…. etc, etc are all repealed that might be possible. If we did that then the worst offenders, the ones that you know…actually harmed another human rather than just themselves, are getting less time than they deserve.
Or if we…drum roll please….Raise Taxes it might be possible!
NO chance.
12 On Oct 27, 12:22 pm, Josh wrote:
Tryan is correct on the resource isues. Measure 11 , which is supposedly so draconian, only means 6 years for a child molester and 8 years for a violent rapist. Oregon is 33rd of 50 state in incarceration rates and almost NOBODY is in prison for possessing drugs. It would be great if we had adequate substabce abuse in-patient treatment but we don’t and the only way most addicts will go through treatment is when they are coerced, legally or by their families.
13 On Oct 27, 03:08 pm, Tryan Hartill wrote:
I’m curious Patrick about your case. Did he actually do harm to anyone while on drugs or did he just not live up to your expectations because of drugs?
14 On Oct 27, 04:47 pm, Walter Richards wrote:
Ideally … as a constitutionalist … the law is the law, and everybody is equal under it. That means that a criminal, whether it’s their first time or not, faces the full punishment of the law.
And when you think about it, all a plea bargain is … is REWARD for committing less serious crimes along with more serious ones.
As to lack of resources … it’s a valid point. However, I think the only reason there aren’t more private prisons, is the threat of … wasteful … lawsuits by certain … “progressive” ... groups. I’m not talking lawsuits to protect actual civil rights. I mean lawsuits if the prisoners don’t get enough TV time, or the food isn’t to their liking, or the prison decor isn’t “up to snuff”.
In fact, the solution … even without using private companies … is simple. Stop giving billions of dollars to foreign countries as “aide” that doesn’t do a damn anyway … and build more prisons. Yes, I know we’re talking federal money. But the feds already give money to the states, that has to be used for limited purposes. So, give the funds to the states with the express purpose of using it for prisons. Of course, like most simple solutions – it’s not complicated enough for bureaucrats and politicians to think of.
Perhaps the reason Sharia (sp?) law is so welcomed in other countries … is because it’s a lot cheaper to cut off a thief’s hand, than to imprison him. And the “rehabilitation” is immediate.
Of course, I’m a firm believer in Heinlein’s maxim “An armed society is a polite society”.
16 On Oct 28, 07:27 am, Walter Richards wrote:
Gee, there’s no Cocaine coming in our country. I guess not.
17 On Oct 28, 09:43 am, Patrick McGee wrote:
I’m curious Patrick about your case
I don’t have a case, I just asked the question but, do you have someone close to you with an acute drug addiction.
They hurt everybody, take everybody close to them along for the ride, steal from those same people, betray their trust, become masterful liars, physically and brutally violent, live every waking moment for that high that keeps getting shorter and shorter and shorter and screaming for more, more and expectations? just more of the same.
When they do decide to finally get off, absolutely no trust at all can one extend to them simply becasue you’ve seen them fail so many times before.
That’s just not the right question to ask.
My point was, when that young man or woman starts this nasty as hell journey into “Crank” addiction, if on the first major offense that takes him/her in front of a judge, that judge imposes the most severe punishment possible, according to the offense, that it might be the deterrent to stop them from continued abuse?
19 On Oct 29, 06:20 pm, Patrick McGee wrote:
My own situation is likely typical of many others in our community and it doesn’t give a damned about social levels, family values or upbringing either, it touches us all.
One thing’s for certain it’s a definite cash cow for all social agencies and it appears they will all be secure in that fact for a long time unless we take some severe measures to get on top of it.
And what if we did?
How many people you think would be out of work around these parts?
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1 On Oct 26, 09:42 am, Walter Richards wrote:
Now, Tryan. Don’t lump all NRA members together. I’m an NRA Life Member, mainly to try and vote in board members/president who’ll stop compromising. And you know I’m against this farce of a “war on drugs”.
And for my money, any court system that doesn’t have to comply with the Constitution is “bovine scat”. I don’t care if it’s a civil court, or one of the hundreds of “agency courts” the sheeple in this country tolerate.