Comments on: Dan Lungren's Anti-Freedom Career https://calwatchdog.com/2010/10/15/lungrens-anti-freedom-career/ Wed, 25 Mar 2015 06:04:33 +0000 hourly 1 By: DavidfromLosGatos https://calwatchdog.com/2010/10/15/lungrens-anti-freedom-career/#comment-2639 Tue, 19 Oct 2010 05:28:33 +0000 http://www.calwatchdog.com/?p=9725#comment-2639 Another tragedy of the war on drugs is this Hugo Chavez-style government behavior. By demonizing “drugs” they justify ruining lives and stealing property.

Good riddance to Lundgren.

]]> By: folly https://calwatchdog.com/2010/10/15/lungrens-anti-freedom-career/#comment-2638 Sat, 16 Oct 2010 16:07:56 +0000 http://www.calwatchdog.com/?p=9725#comment-2638 Forfeiture is becoming more and more prevalent in this country–not just on a state level, but on the Federal level as well. To see the pages and pages of property our Government has seized and plans to keep go to “forfeiture.gov”.
You need never be accused of a crime to have your property permanently taken away from you. In most federal cases, your property can be seized on the lowest possible standard “probable cause”–the Gov will then begin an “administrative” forfeiture–and IF you get notice, and IF you file a claim on time, and IF you can prove “standing”–The Gov will THEN file a “judicial” forfeiture suit against you–pretty much requiring you to hire an attorney (the Gov usually hopes you will give up during the administrative stage)–you then have to go through a full-fledged lawsuit to try and get YOUR property back–and the Gov can win on the “preponderance of evidence”
standard (their 51% to your 49%)–OR the Gov can seize your property–start the judicial suit–and then on the Gov’s say so alone, can stay the suit for as long as they want –(can state simply that they is an “ongoing criminal
investigation”–and the courts will let the Gov hold the property throughout–it doesn’t matter that YOU are NOT the target of their investigation) Your property can be tied up in someone else’s criminal trial, and the only chance to get before the court is at the “ancillary”–after the conclusion of the trial—which of course, could result in YEARS between the seizure of your property, and you getting it back.
Because of the huge hurdles to get your property back, once seized, it is easy to just give up, making seizures and asset forfeiture an easy money-maker for the both the Gov and the state. We should all be aware.

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