I want to back up here for just a moment. In order to understand animal seizures, it helps some to understand where the concept comes from.
Eminent domain has always been with us although its parameters have expanded greatly from land condemnations for necessary roads to condemnation of "blighted" neighborhoods for the benefit of shopping mall developers. However, that's a huge topic all its own so I only mention it that you can go search out more information on it if you like.
In rem. Case names like "In Re: 1 acre of land" This is a difficult concept for me to explain but it boils down to the lawsuit being named for the item of property rather than between to people or parties. It comes from the concept that the court will be deciding who the rightful owner is. In essence, one who claims a right to property sues the property and notifies others they believe to be claiming against them but it also opens the door for all claimants to file and then for the court to decide who is the rightful owner (and it might not even be one of those who has joined in the suit). Judges SHOULD feel an enormous weight upon them when any in rem action is before them as their duty is to determine the best and highest right of ownership and nothing less.
However, the use of in rem cases has expanded from this basic concept into being used in child custody cases and then civil asset forfeiture cases where much fuzzier concepts of "right" are being applied.
In 1970, "U.S. Congress enacts the Racketeer Influenced and Corrupt Organizations (RICO) Act, which contains an asset forfeiture provision." Taken from the FEAR website: Click on "What is forfeiture" and then on "In Depth: A History of Asset Forfeiture". (I like FEAR but I haven't figured out how to do jump cites to their website!) Some of you already know I have a distaste for RICO and this is why. IF you can get an attorney interested in filing a RICO action, it will be much more likely its for the purpose of obtaining assets rather than correcting a wrong or punishing wrongdoing. The insertion of an asset forfeiture provision disturbed a well established balance that law enforcement be publicly funded and only to the extent reasonable. The potential gains from asset forfeitures began a growing cottage industry.
"Asset forfeiture was virtually unheard until recently. In 1984, Congress overhauled the federal forfeiture laws to give the government incredible advantages over property owners, and began expanding the list of offenses which could trigger forfeiture. Now there are over three hundred federal offenses which trigger forfeiture. But the most terrifying aspect of the legislative scheme in the 1984 crime bill was that it allowed the seizing police agency to keep what they seize and forfeit. This inherent conflict of interest has lead to greater and greater abuses, as forfeiture income -- and dependence on forfeiture income -- has risen. Asset forfeiture brings in close to a billion dollars a year for the federal government alone." Taken from the FEAR website: Click on "What is FEAR?" and then on "Why FEAR exists".
PLEASE go skim through that list of 300 forfeiture triggers and note that list was compiled back in 1999. No doubt the list has expanded since then and those are just the federal forfeiture laws! The federal forfeiture law was amended by CAFRA (Civil Asset Forfeiture Reform Act) which restored SOME due process to a process that had virtually NO due process and was already being abused by governmental authorities. Unfortunately, states snatched up the concept of civil asset forfeiture and have been expanding forfeiture laws MUCH faster than the US Congress can fix even the federal law and most of the state and local forfeiture laws provide even less due process than the original federal civil asset seizure laws. Many of these laws have been on the books for years now but there certainly seems to be a recent explosion of their use.
For an overview of what's going on now, please read How Much Private Property is the Government Stealing in Your State? "Civil forfeiture is now a nationwide epidemic. A new report by the Institute for Justice found that the federal government is now holding over a billion dollars in assets seized through civil forfeiture." I'm becoming a huge fan of the Institute for Justice (IJ). They are, of course, underfunded and in need of volunteers so pitch in to help them if you can. Start by checking our your own state on their website. In my opinion, the war against civil asset forfeitures needs to include the battle against the wrongful seizures of animals as well. If we want that, we're going to have to pitch in AND make those already in the fight aware of this issue.
I'm in Texas so I'll cover a bit about us because we get some distinction in this civil asset forfeiture mess. "This is part of a new national campaign started by the Institute for Justice to end civil forfeiture. We also filed suit in Texas, which has some of the worst forfeiture laws and practices in the country." That suit is State of Texas v. One 2004 Chevrolet Silverado. And then there's the mess in Tenaha, TX. "Law enforcement authorities in Tenaha seized property from at least 150 motorists between 2006 and 2008, totaling more than $3 million USD."
Oh, MY, now there's a big NO-NO. You don't sign an affidavit, you don't swear to anything, with BLANKS in it! Texas gets a D- grade from IJ and I'm pretty sure they didn't include animal forfeitures in that grade because I give Texas an F-.
"Former United States President George H. W. Bush said, '[Asset forfeiture laws allow [the government] to take the ill-gotten gains of drug kingpins and use them to put more cops on the streets.' More than 3 decades of drug laws have failed to curb illegal drugs and asset forfeiture has also shown itself to have failed in all countries where it has been implemented." What civil asset seizure REALLY does is fund a growing police state. This is NOT a Dem/Rep party issue as both parties have supported these forfeiture laws. WE, you and I, have been sitting on our hands allowing this to grow and spin out of control for 40 years, since RICO was first passed. It is going to be a very long road and hard fight back.
- "Even though IJ has had tremendous success in courts, eminent domain abuse was stopped in large part by grassroots activists. We desperately need a similar grassroots backlash against civil forfeiture. Simply put, we need your help.
- "Will you work with IJ to help end civil forfeiture?
- "Please speak out. Consider blogging and talking about the property being stolen in your state. I encourage you to make use of the research included in our forfeiture report as well as our forfeiture video.
- "Should you write something up, please email me the link at bewing@ij.org. And if you have any questions, or you’d like to be a part of our national coalition of property rights activists, just let me know.
- "Governments should protect, not plunder, our property. Common sense and justice demand that this rampant abuse of private property rights must end.
- "Our fight will not be easy. But working together, we can stamp out the injustices of civil forfeiture once and for all."
(And let IJ know if you're an animal owner who is concerned for the safety/security of your animals :)
http://www.youtube.com/watch?v=_hytkAaoF2k&
Texas State Senator John Whitmire: "The idea that people lose their property but are never charged [with a criminal offense] and never get it back, that's theft as far as I'm concerned." Senator Whitmire, I couldn't agree more except to add that summary filed and rubber stamped convictions to bootstrap the thefts would NOT be an improvement but merely insult added to injury. I wonder if you'll help us explain that to the prosecutors. Maybe tomorrow I'll write an open letter to Congressional members.
Animal seizure/forfeiture laws are a culmination of the above discussed civil forfeiture laws combined with animal laws intended to protect our food supplies AND an animal rights activist concept that animals are akin to children, worthy of governmental oversight. Our laws are now so "all over the board" that a dog can be shot by a law enforcement officer for barking in its own yard or snatched up by a non profit organization that trespassed/snooped around your property and found your dogs nails to be too long for their taste. I know most of you reading this care very deeply about your own animals and about animals in general. In my opinion, we simply must push these laws back to their constitutional boundaries and start over with constitutional laws. That may not end all abuse of animals. If it doesn't we'll have to be more creative but simply ignoring fundamental constitutional principles can't be the answer as it always leads to expansion of a police state.
Hopefully all of you reading this will have some understanding of the history of forfeiture and how laws evolve and expand; of how what seems like a good idea (RICO) can go badly wrong. As we fight to correct this 40 year error, keep an eye out for what the law makers are doing TODAY because you can bet your boots they will be looking for ways to replace that money and power lost as we fight the forfeitures. Forfeitures are amongst the things that have damaged our economy as does a police state. WE are fighting for far more than just this cause if we truly want to win. We are fighting for a way of life that began to slip away about 40 years ago. A key component to that way of life was very restricted government; a government on a strict and limited budget.
On a related subject, do you know how to impeach or recall your elected officials?