Tuesday, November 09, 2010

Asset Forfeiture In Indiana

Radley Balko has the lowdown on the shakedown, with links to his work in Reason and the Local Fishwrap's very own coverage.

Bottom line? Don't get arrested for drugs in Indiana. They'll take more than your herbal/chemical amusements and your freedom. It's not why I don't do drugs* -- but it's one reason why I think those who do are fools.
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* "Lips that touch amphetamines will never touch mine!" Though that falls all apart when I remember I was on Ritalin for a little while...

11 comments:

  1. Technically, Ritalin is methylphenidate, which is chemically similar to, but not the same as, methamphetamine.

    Antibubba

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  2. Aha! --Whatever it is, a small dose sure makes a person more productive. (Which, oddly, proved I didn't really have adult ADD)

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  3. I took the stuff too, for adult ADHD. Up to 40 mg a day, didn't make a bit of difference.

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  4. Ah, Ritalin. The reason I don't do drugs, all wrapped up in one white time-release 20-mg pill (and eight more yellow 5-mg pills, taken throughout the rest of the day).

    I was a coked-up little kid.

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  5. I'm on so many prescriptions these days I wouldn't have the nerve to seek out unprescribed meds, even if I wanted them, which I don't.

    wv: "dopsy." They prescribe Ritalin for that, don't they?

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  6. I'd have more faith in your prescription (hah!) for avoiding this particular brand of trouble if the line read "don't have drugs in Indiana" instead of "don't get arrested for drugs in Indiana". I can actually control the former. The latter is more up to your local constabulary, who I trust about as far as I could throw the Lupine all by my lonesome.

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  7. OK, now you're making me feel guilty for the fact that I am soon this very day, heading down to the local D.A.'s office to file for forfeiture of a car involved in drug sales at a local high school.
    http://www.tulsaworld.com/webextra/content/2010/crimesite/article.aspx?subjectid=450&articleid=20101021_11_A9_CUTLIN981937&allcom=1

    I actually arrested him for a burglary charge. The drug and guns stuff came out of inventorting his car prior to towing it. My favorite quote from the school administraton: "He's really popular with the kids, they flock to his car when he drives in each morning". Well, duh.

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  8. Oops, sorry for all the typos. Got in a hurry since I have to go to work (on my day off, no less, dang it).

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  9. How's the law read in your state, Montie, and was the guy found guilty?

    Indiana has some provisions to (supposedly) reduce the incentive to grab first and justify later, but they're not much honored.

    I don't object to the cogs. I object to the use to which the machine is put.

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  10. Roberta,

    Oddly enough, in OK the forfeiture has to go through the D.A.'s office, but is a "civil action" and handled separately from the criminal case. Although I've not heard of it happening, theoretically you could be found not guilty on your criminal case and still lose the forfeiture due to the lower threshold of proof in civil cases (preponderance of the evidence vs. beyond a reasonable doubt).

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  11. As I am given to understand it, in some states, that sort of outcome is the norm; and that is something of a problem. The person is innocent, but their car (or big wad of cash, or sailboat or whatever) is guilty?

    IMO, the State ought not deprive citizens of property any more readily than they deprive 'em of liberty.

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