CaliFFL, Alphasig, Gene, and anybody else, what say ye?

CHIRO1989

https://www.officer.com/command-hq/article/20978287/the-lure-of-easy-money?utm_source=Officer.com+Newsday+E-Newsletter&utm_medium=email&utm_campaign=CPS171118002&o_eid=7111J7686190A5B&rdx.ident%5Bpull%5D=omeda%7C7111J7686190A5B

From an LEO's perspective, this works well, but there was no mention of the ACLU's of the world complaining in the article, so I am not sure about unintended consequences. I will say the legislators raised some good questions.

alphasigmookie

Reading the article I can't seem to see any major issues with it.

zorba

Wambli Ska wrote: »

I think if you withhold state, federal and any other public assistance you’d be casting a much bigger net... just a thought...

WORD.

CaliFFL

This is just another asset forfeiture scheme on people without a criminal conviction.

I agree with Wambli about withholding assistance funds, but the money in question isn’t assistance...it’s overpaid taxes.










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Varmintmist

Its not asset forfeiture. When you take care of the warrant the money is released.

However, it is a unlawful taking. It isnt the states money to hold. Unless they are paying interest, I have a problem with it.

alphasigmookie

CaliFFL wrote: »

This is just another asset forfeiture scheme on people without a criminal conviction.

I agree with Wambli about withholding assistance funds, but the money in question isn’t assistance...it’s overpaid taxes.










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I will note that the difference is that in the case of the withheld funds they are returned after the warrant is cleared. Even if the person is convicted. Seems like a reasonable incentive and pretty much anything that eliminates high risk warrant service is a good thing IMHO.

CaliFFL

Varmintmist wrote: »

Its not asset forfeiture. When you take care of the warrant the money is released.

However, it is a unlawful taking. It isnt the states money to hold. Unless they are paying interest, I have a problem with it.

Not technically asset forfeiture, but the same ballpark. Withholding assets without conviction ensures many people cannot hire legal representation. This practice increases convictions and plea deals.

CHIRO1989

CaliFFL wrote: »

Not technically asset forfeiture, but the same ballpark. Withholding assets without conviction ensures many people cannot hire legal representation. This practice increases convictions and plea deals.

Good point.

Jermanator

It is state taxes, so it is probably over paid unless Maryland has their own EIC.

CaliFFL

cpj wrote: »

Overpaid taxes or "earned income credit"?

Like Jerm mentioned, it's state taxes so likely not EIC.

Crystal ball...If states continue this with "success", the police in states without state taxes will lobby the same for federal returns. If the warrant isn't cleared in a pre-determined amout of time, the money is forfeit to the state.

tennmike

Just another bunch of bureaucratic gut bags chipping away some more at the 4th and 5th Amendments. Now I'm sure SOMEBODY will say, "But,but, but the Supreme Court/state supreme court said it was legal and constitutional." Yeah, right, like the NFA 1934, GCA 1968, and FOPA 1986 were all Constitutional because a bunch of Progressive gut bag judges and legislators said it was constitutional all the while wiping their collective filthy anuses with the Constitutions of the U.S. and their State. Might as well seize their bank accounts, if they have one, to complete the circle. Innocent until proven guilty is a sick joke bandied about by legislators and judges who pass this kind of filth. Read the 4th and 5th Amendments again and judge this new 'tool of so called law enforcement' accordingly.