15 replies to this topic

[Wino]

To me, this is an abuse of police powers. I know it is the law, but I feel it is not right for the police to seize private property. I think the law was enacted in order to hurt the drug dealers but has been expanded too far.


Oct 23, 8:24 pm ET

CHICAGO (AFP) – A small town police department in Minnesota will put a motorized lounge chair up for auction next week after it was seized in a drunk driving incident.

The black and blue pleather lounge chair comes complete with stereo, footrest, cupholders, headlights, a nitrous oxide power boost system, drag racing-style steering wheel and a parachute.

Built on top of a riding lawnmower engine, the chair is decorated with stickers proclaiming "hell yeah it's fast" and "I smoked your (expletive)," and can get up to speeds of around 15 miles (24 kilometers) per hour.

It was seized on August 31, 2008 after Dennis LeRoy Anderson, 62, smashed it into a parked car on his way back from a local bar in Proctor, Minnesota.

Anderson told police the only reason he hit the car was because a girl jumped up on the chair.

"We cannot confirm or deny the story," police chief Walter Wobig told AFP.

"The bottom line is it doesn't get him off driving while intoxicated."

Anderson, who Wobig called "a very nice guy," had a blood alcohol level of 0.29 -- more than three times the legal limit. And it wasn't his first drunk driving arrest.

State law allows police to seize vehicles in drunk driving cases and either use them for official use or sell them once a conviction is obtained.

Wobig, who had seen Anderson driving the chair around town for a year or two prior to his arrest, decided it was only fair to treat the chair the same way he would treat a Corvette.

So he stuck it in his garage while Anderson's case made its way through the courts.

Anderson pleaded guilty on Monday and the paper work to transfer ownership to the police department should be completed soon, Wobig said.

It will hit eBay once Wobig can post a notice in Proctor's weekly paper, which comes out on Wednesday.

He's not going to set a reserve price and won't even hazard a guess at what the chair will bring in for his department.

http://news.yahoo.co.../uscrimeoffbeat

[WannaGo]

Yes, asset forfeiture has been out of control for years. When a law enforcement agency can seize private property for its own benefit, that creates a system that is just wide-open to abuse.

Cops in this county seize any vehicles even remotely connected to dope -- for example, if your cousin uses your car without your permission to go buy a baggie of pot -- and then use them not just for law enforcement purposes but also as their own personal take-home vehicles.

It started out as a bad idea in the "War on Drugs" and now has expanded to include any "criminal" activity. There are several cities in Florida that will seize your cash and vehicle if you are busted for soliciting prostitution.

And here's the real kicker: Asset forfeiture is a civil process, separate from the criminal proceedings, and does not require a finding of guilt. You can win your criminal case, but still lose your property through forfeiture.

[Wino]

WannaGo, on 25 October 2009 - 11:10 PM, said:

And here's the real kicker: Asset forfeiture is a civil process, separate from the criminal proceedings, and does not require a finding of guilt. You can win your criminal case, but still lose your property through forfeiture.

That almost gives the cops and law enforcement agencies a "license to steal." Of course, the cops wouldn't do that. Hahaha.

[Bob]

WannaGo, on 25 October 2009 - 11:10 PM, said:

And here's the real kicker: Asset forfeiture is a civil process, separate from the criminal proceedings, and does not require a finding of guilt. You can win your criminal case, but still lose your property through forfeiture.

Sorry but that's simply incorrect (at least in the US). Property can be forfeited in some cases where the person is not found guilty of the criminal offense in question. But, as guaranteed by the Fifth Amendment to the US Constitution, no property can be taken without a proper hearing and an opportunity to be heard. The standard of proof in some cases is "by a preponderance of the evidence" (means by more than 50%, sort of) versus the proof required (beyond a reasonable doubt) in a criminal case. If the prosecutor cannot meet the applicable burden of proof to the satisfaction of the jury (or judge if only a bench trial), you get your stuff back.

Now, there are some minor exceptions to that rule. For example, an unregistered handgun or illicit drugs can be seized by the cops at any time and nobody gets a hearing for that (well, you could demand a hearing but you'd probably be found guilty of felonious stupidity for claiming to own such items....).

[WannaGo]

Bob, normally I would agree with you that constitutional protections would prohibit something like this.

However, that's the dirty little trick of civil asset forfeiture. The feds target the property as the guilty party, not the owner. From Cornell's primer on asset forfeiture:

"In theory, civil actions are remedial, not punitive like criminal proceedings. By acting civilly, the government seeks to remedy a harm, through the fiction of the property's 'guilt.'"

You're right that there are hearings, but the deck is stacked against the property owner. Civil asset forfeiture cases often go through the feds, and you know how tough it is for anyone to win anything against the government under federal court rules.

Prior to the Civil Asset Forfeiture Reform Act about 10 years ago, the "preponderance of evidence" burden was on the property owner. Supposedly, CAFRA shifted the burden to the feds, but in practice, it's still on the property owner to prove his property was not involved in a crime.

And, because it's a civil proceeding, there is no court-appointed lawyer (except when the property in question is your primary residence), so if you can't afford a lawyer, you are shit out of luck.

Of course, that's no big deal if you are a cocaine importer making millions of dollars. But that's not who ends up getting screwed over by asset forfeiture. It's the construction worker who got busted picking up a prostitute to celebrate payday and can't afford to spend $10,000 to get his $5,000 truck back from the government.

Oh, and the other neat little part about using civil asset forfeiture separate from the criminal case is that the government doesn't even have to charge you with a crime to initiate a forfeiture proceeding.

Check out this piece in the Cleveland Free Times. It's an interesting read. So is this one in the Hartford Advocate.

[Wino]

I am surprised people are not up in arms about these property forfeitures. How can an ordinary citizen, even if you are in the right, afford the legal proceedings to re-acquire your own property? Some city governments have also joined in on the act where they can confiscate your rental property if it is deemed a “nuisance property.” Nuisance property can be anything from a tenant selling dope from your property or too many calls to the police department from the property. And they call this the “land of the free?”

[Bob]

Wino, on 27 October 2009 - 01:20 AM, said:

And they call this the “land of the free?”

Well, like Thailand, nothing's really free...hehe.

[Wino]

Here is a picture of Dennis LeRoy Anderson and his motorized lazy boy chair. According to the report, you may see the chair for sale on Ebay very soon.

 dennis anderson lazy boy driver.jpg   101.28K   3 downloads

[Wino]

The chair was placed on ebay. The starting price was $500. Today the price is $40,000 with 27 hours left to bid. Here is the link if you would like to bid on a mortorized la-z-boy. http://offer.ebay.co...em=150384476487

[WannaGo]

The item has been removed from eBay. I bet those were bogus bids that drove it up so high. Good. Now the police won't get anything from this.

[Wino]

Looks like the Lazy Boy Corportation nixed the auction. I think the bid was up over $43,000 and now they have to start over at a $1,000.

The eBay auction for that infamous motorized “La-Z-Boy” came to an end faster than a speeding recliner because of a catfight over the name La-Z-Boy. But never fear — the incredibly awesome machine is up for sale once again.

The company that makes chairs beloved by lazy boys everywhere took exception to police in Proctor, Minnesota, linking its good name to a glorified lawn mower confiscated from convicted drunk driver Dennis LeRoy Anderson. Police put the wild ride up for sale last week, but La-Z-Boy Corp. pulled the plug one day before the bidding — which had topped $43,700 — was to end. Police Chief Walter Wobig told us the listing came down at 11 a.m. Monday, about the same time he got a fax from La-Z-Boy.

http://www.wired.com...09/11/la-z-boy/

[Wino]

The auction is over. Sixty-four bids were made and the winning bid was $10,099.99. That is quite a difference from the $43,700 bid from the earlier auction. I bet the City of Proctor officials wish they had not used the words La-Z-Boy in the description.

[Bob]

Amazing to me that anybody with half a brain would pay 10k for that piece of trash. But, then again, I suppose I could get a million dollars if I happened to come across some dirty underwear that was worn by Elvis....hehe. Hmmm....wonder how much a Michael Jackson booger would fetch???

The human race again defies the theory that we're evolving....

[WannaGo]

I'll be very curious to see whether the winning bidder actually hands over the cash, or if it was just BS. That's happened before with eBay auctions that get media attention...people bid just as a joke.

[Wino]

We will have to watch if it comes up for auction again.

[Wino]

Here is a sculture that came up for auction on a New Zealand site. Now isn't this a bunch of shit?

WELLINGTON, New Zealand – A sculpture of a New Zealand government minister crafted from cow manure sold for New Zealand dollars 3,080 ($2,220) on an auction Web site. The bust of New Zealand Environment Minister Nick Smith, sculpted as a protest by artist Sam Mahon, attracted 112 bids before being picked up by an anonymous buyer on Friday.

Mahon said he created the sculpture, and chose the medium, to protest what he considers Smith's too-soft stance on pollution created by dairy farms. He said the bust did not smell and would last forever.

"The sculpture has a hollow head, which is very fitting. It is highly polished and sits on the stand slightly to the right of center," Mahon said.

Mahon gathered cow dung from an organic dairy farm, ground it in a coffee grinder, mixed it with a polymer resin and pressed it into a mold. He polished the sculpture with beeswax to create a finish that resembles bronze.

Smith joked about the tribute Friday.

"Excuse the pun, but I would describe it as crap art," he said.

Mahon's said he will use the proceeds from the auction to help clean up waterways polluted by effluent from dairy farms near his home.

http://news.yahoo.co...anure_sculpture