Police Can Legally Seize All Your Possessions

[Rainman]

Should police suspect that you are a drug dealer than they have the authority to seize your stash, your car and possibly everything else if the drugs were found in your house. An old man, a cancer patient who was permitted [by law] to plant 12 cannabis plants in his house found himself on the wrong side of the law when police who thought he was a pot-seller broke into his home. Upon finding out that in addition to the 12 plants he had a few more Cannabis seedlings they seized his valuables.

They didn't charge the old man with a crime but chose instead to:

[take] his Dodge Journey, $11,000 in cash from his home, his television, his cell phone, his shotgun and are attempting to take his Colon Township home.

Doing all they can to serve and protect by harassing sick old men?

 

[Gabe]

I'm sure there must be more to the story as by law they can't seize possessions without prior notice. It does go to show that different departments of the law don't communicate well or cooperate. Maybe there are too many branches and they should have checked first? I'm sure real drug dealers have bigger operations and those are the ones the police should be spending time and resources on and not old men that aren't breaking the law.

 

[Gelsemium]

In fact, that is strange action, I didn't know they can enter and take everything, I thought that they need permission from a judge.

 

[RingoBerry]

From how I understand it, the only time cops can seize a person's belongings is when he/she is suspected of something and his residence and belongings can be taken and searched of course their access is limited to what is stated on their warrant.

There is no question that what they did tot he old man was a bit overboard but why did he have more seedlings? Its not hard for cops to assume different scenarios and find a fault somewhere (which they can exaggerate). I do agree that there has to be more on the story.

 

[missbishi]

They can take stuff if they believe it to have been paid for by proceeds of crime. But 12 cannabis plants is certainly not a multi-million pound operation and is hardly likely to yield a great deal for personal use, never mind sale.

 

[Profit5500]

Should police suspect that you are a drug dealer than they have the authority to seize your stash, your car and possibly everything else if the drugs were found in your house. An old man, a cancer patient who was permitted [by law] to plant 12 cannabis plants in his house found himself on the wrong side of the law when police who thought he was a pot-seller broke into his home. Upon finding out that in addition to the 12 plants he had a few more Cannabis seedlings they seized his valuables.

They didn't charge the old man with a crime but chose instead to:



Doing all they can to serve and protect by harassing sick old men?

The police need to have some probable cause before seizing your stuff. If they do not have any warrants then they would not be able to legally search your home and seize your property.

 

[Shimus]

I'm sure this was also taken out of context to the actual situation but that isn't the problem itself - it's the fact that nobody should have the right to seize what you've earned, government or no. Regardless of standing, unless you're a hardcore criminal who won't be getting out for life or more. This is unethical and the wrong use of the law.

That being said, if he had it coming (not the old guy) other drug dealers and criminals should get their items put in escrow until they can redeem them or prove their innocence.

This however just seems to be a story about picking on an old guy who was allowed to have the items he was found with to begin with, and that's just wrong.

 

[ally79]

Twelve cannabis plants, seedlings, and $11,000 in cash makes it sound like he was selling. Law enforcement is automatically going to assume that was what was happening and then yes, they can absolutely seize everything you own including wiping out your bank accounts.

 

[Shimus]

Twelve cannabis plants, seedlings, and $11,000 in cash makes it sound like he was selling. Law enforcement is automatically going to assume that was what was happening and then yes, they can absolutely seize everything you own including wiping out your bank accounts.

Or perhaps the 11k was money stashed away? A lot of people don't trust banks you know. I'm one of the them. I store a bit sure; but the majority I keep around for easy access. This could be taken out of context entirely, maybe not. But the fact the government can seal what you've earned is just going to show how much we give the "factors that be" the power to decide our lives.

 

[dyanmarie25]

Really? They can legally seize all your possessions? Well, in the first place, they must come up with a very good reason why they have to do it. But that sounds pretty scary, actually.

 

[Onionman]

I'm guessing that if there is enough evidence to back the approach, then they'll be able to do so. But whatever they do would still have to be without the limits of the law. It's not as if they can suddenly turn up one day and decide to do it.

 

[Gabe]

Laws vary state by state, but I think they can seize items if they suspect they are stolen or have been bought with profits from criminal acts, but that is a lengthy procedure and would need bank statements and transactions to coincide with the purchases before a warrant was made. In any case if the plants were legal and for personal use he shouldn't have been selling, so I am sure there is more to the story that has not been revealed.

 

[GlacialDoom]

Damn, this really shows how things work in the USA justice system. They really don't care about protecting people and making justice; they just care about self gain.

 

[jesuslover0314]

I highly doubt the police are allowed to take possessions without a warrant to do so. Under the United States Bill of Rights, they have to have a warrant to take personally belongings unless that person is already under violation with the law. (In this case the old man had a reason to have those plants, but he should have shown them where the doctor gave him permission to do that.)
There has to be more to the story than what you have found because that doesn't even sound right on how the law enforcement treated him.

 

[Rosyrain]

The only time the police can seize belongings is if there is reason to believe that the goods are stolen or paid for with drug money. I think there are certain things that have to be proven before they can take the belongings. The police would have grounds for seizure like if the suspect sold drugs, worked at McDonalds, and could afford to own a Porche. It is pretty much a guarantee that the Porches was paid for with drug money.

 

[shilpa123]

It is horrific to even think about this situation. I believe it is not really great of such things to happen. I do not think they should ever do it.