Property seizures and asset forfeitures prior to conviction of a crime
are forbidden by the fourth amendment to the Constitution. At least this
was true from 1791 until 1984/1986.
Please see:
http://www.zmag.org/Zmag/articles/jan96meeker.htm
Here in Amarillo, TX, a local television station recently aired a piece
on addiction during the nightly news. It began with an illustration of
marijuana leaves, needles, a spilled bottle of pills and other visual
references to illegal drugs. And yet as the piece continued, all we saw
were images of beer and wine on grocery shelves, and bartenders filling
pitchers.
It would seem that the obfuscation has gotten to the point that the
subject of illegal drugs is interchangeable with the subject of legal
alcohol. The people who continue to pump out this sort of propaganda
should be jailed or worse. It's really past time to do something about
them.
A news story from the AP follows, in which the government attempted to
confiscate gold dental work from 2 men in Wa****ngton state who have only
been accused, not convicted of a crime.
Feds Try to Seize Gold From Suspects' Teeth
http://www.statesman.com/news/content/shared-gen/ap/National/Gold_Capped_Teeth.html
TACOMA, Wash. — Talk about taking a bite out of crime.
Government lawyers tried to confiscate the gold tooth caps known as
"grills" from the mouths of two men facing drug charges, saying the
dental work qualified as seizable assets. They had them in a vehicle
headed to a dental clinic by the time defense attorneys persuaded a
judge to halt the procedure.
"I've been doing this for over 30 years and I have never heard of
anything like this," said Richard J. Troberman, a past president of the
Wa****ngton Association of Criminal Defense Lawyers. "It sounds like Nazi
Germany when they were removing the gold teeth from the bodies, but at
least then they waited until they were dead."
Prosecutors had a warrant to seize the gold dental work, according to
do***ents and lawyers involved in the case. But they eventually
abandoned the effort, saying they mistakenly thought the grills were
removable.
The customized tooth caps, popularized by rappers such as Nelly, are
made of precious metals and jewels and can cost thousands of dollars for
a full set. Some can be snapped onto the teeth, while others are
permanently bonded to the teeth.
Flenard T. Neal Jr. and Donald Jamar Lewis both have permanently bonded
grills, their lawyers said.
Neal and Lewis, both charged with several drug and weapon violations,
were taken Tuesday from the Federal Detention Center to the U.S.
marshal's office, where they were told the government had a warrant to
seize the grills. They called their lawyers as they were about to be
taken to a dentist, said Miriam Schwartz, Neal's public defender.
A permanent stay of the seizure order was issued that day by U.S.
Magistrate J. Kelley Arnold, court do***ents show.
"Asset forfeiture is a fairly routine procedure, and our attorneys were
under the impression that these snapped out like a retainer," said Emily
Langlie, a spokeswoman for the U.S. attorney's office in Seattle.
The defense lawyers criticized what they said was a clandestine attempt
to have the grills removed.
"It's shocking that this kind of action by the federal government could
be sought and accomplished in secret, without anyone being notified,"
said Zenon Peter Olbertz, who represents Lewis. "It reminds me of the
secret detentions" in terrorist cases.
Langlie and court clerks said seizure warrants are typically sealed to
prevent defendants from trying to move or hide valuables and evidence.
They become public with the filing of a return that shows what was seized.
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April 7, 2006 - 2:07 p.m. CDT AP
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