Tread lightly when buying seized property the blow-back can bite the buyer . . .
Agree.
While I am far from qualified from (or allowed to) offer legal advice . . .
From what I am reading in the media, the challenges to seizure laws are coming from scenarios where the forfeiture happens as a result of an arrest (and not a conviction). Some are claiming that forced forfeiture prior to conviction is discriminatory.
In this auction's case, the individual has gone through due process where the forfeiture looks like it is part of the plea.
Toward some of these specific vehicles, just read an article on Road & Track where they noticed that a bunch of the vehicles can
never get registration for road use in the US due to their import status. Specifically, the model of vehicle was never run through EPA.
So, anybody want a farm vehicle that can do 0 - 60 in less than 5 seconds?
. . . found what is called civil asset forfeiture is actually "military bounty authorized under a war footing."
Disclaimer again, I am far from a legal expert and only know what I read in various RV and news outlets.
This is a bit of a different deal and occuring a far amount at the local LE level. Am not surprised that DHS leverages it.
Here is a more common scenario:
- LE pulls somebody over for any reason (legal or not is an eventual determination by a Judge), although the Officer focuses on looking for signs of criminal activity in addition to the reason for the stop.
- If the Officer is able to see inside the vehicle and identifies something valuable (example: large wad of cash), the Officer may then make the leap that it outside of normal behavior, claims it is part of a criminal operation, and seizes the asset right-on-the-spot. As a lead-in to trying to gain access to the inside of the vehicle, the Officer may legitimately and accidentally mistake something as illicit (example: 'accidentally' identifying a soda can as an open alcohol can). Once inside, the Officer corrects the 'accidental' mistake, but is now inside and can keep going . . .
- Properly trained LE knows that everybody has a threshold where trying to get the asset back is not worth the effort (example: distance from home, low-ish value, etc) and takes the gamble that it will turn into assets that flow back (in whole, or in part) to the LE's home organization.
Lessons learned for motorists is to
never allow a search of the vehicle without due process. Especially if the stop is traffic / moving related (example: excessive speed, failure to stop for a signal, light-out, etc . . .) where there is no need to go inside the vehicle. Doing so just allows for an expensive fishing expedition. Also, by not allowing the search, plan on the Officer applying greater pressure to get inside to go fishing. Although, if an Officer is able to see something in plain-sight, it seems like there is little ability to prevent the search.
Also, for clarity, I fully embrace our LE community as that is a
very difficult (and frequently thankless, not to mention fatal) job.