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Title: Former Law Enforcement Officer Displays His Ignorance Of The Law In Civil Forfeiture Article
Source: TechDirt
URL Source: https://www.techdirt.com/articles/2 ... civil-forfeiture-article.shtml
Published: Jul 31, 2019
Author: Tim Cushing
Post Date: 2019-08-10 09:08:30 by Deckard
Keywords: None
Views: 1389
Comments: 23

from the ignorance-of-the-law-gets-you-a-sweet-position-on-the-nightly-newscast dept

If you're going to be touted as an "expert," the very goddamn least you can do is not make people stupider. May I present to you "Trooper Steve," the resident "traffic safety expert" for ClickOrlando.com.

He comes highly-touted. None other than the Orlando Sentinel called him… well, a "traffic safety expert." Here's the headline:

Former FHP Trooper Steve Montiero brings wealth of knowledge as News 6 traffic safety expert

Underneath the video announcing this triumphant hiring is a sentence that makes my head ache terribly:

Montiero gained fame with the Florida Highway Patrol as a Public Information Officer…

It's really weird that anyone would "gain fame" as a law enforcement officer. Sure, his position was more public-facing than most, but let's not start building a statue in his honor yet.

Here's a bit from his bio at ClickOrlando. [Please hold your vomiting until the end of the quote.]

A Central Florida native and decorated combat veteran, Montiero comes to the station following an eight-year assignment with the Florida Highway Patrol. While there, his responsibilities included patrolling Osceola, Orange, Brevard, Lake, Seminole and Volusia counties, along with the Orlando area of the Florida Turnpike. He was later assigned to the Florida Highway Patrol Motorcycle Unit, where he began doing public speaking engagements and found his passion for community involvement.

From that experience, he became the face of FHP in Orlando. Lt. Kim Montes took Steven under her wing and made him assistant Public Affairs Officer.

Over the last several years, he has become known across the Sunshine State as “Trooper Steve.” He’s spent his time doing everything from corporate events to interviews on WKMG, to just hanging out with kids in hopes of spreading the word about safe-decision making in hopes of saving just one life.

Why am I being so harsh on Trooper Steve? Well, it's a few things. First and foremost, his leap from law enforcement officer to "traffic safety expert" assumes he actually knows how to keep traffic safe. The thing about cops is they are under no obligation to keep the public safe. As the occupation name makes clear, they are there to perform law enforcement, not keep drivers safe. If the two happen to align occasionally, everyone wins. But LEOs have no "duty of care."

More than that, touting someone as an "expert" tends to lead viewers and readers to believe this person knows what the fuck they're talking about. But as this recent column by "Trooper Steve" painfully proves, police PR reps make for terrible "experts."

The question is fairly innocuous: are there any safety tips Trooper "Traffic Safety Expert" Steve could offer travelers roaming around the country with cash in their possession?

Martha, of Champions Gate, asked, “Is there anything I should know when carrying large amounts of cash in the car?

Everything goes off the rails immediately.

Well if you’re up to no good and get stopped by the police and have large amounts of cash on you, you’re going to have something to worry about. Civil asset forfeiture act requires you to show proof of cash when law enforcement is conducting an investigation.

Anything around $5,000 or more you should always have some type of paperwork showing where that money has come from, legally. This is to eliminate the idea that this money was earned or given during criminal activities for which you may be investigated.

First and fucking foremost, there is nothing illegal about cash. Cops presume there is because it puts money directly in the pockets of cops. Civil asset forfeiture tends to benefit the agency performing the seizure, so cops (and troopers) have every incentive to view any amount of cash as suspicious.

Trooper Steve draws the line at $5,000. It's an arbitrary line. Law enforcement officers will gladly seize amounts less than that because they're allowed to keep 85% of everything they seize.

But -- either due to stupidity or as a favor to his law enforcement buddies -- "expert" Trooper Steve shifts the burden of proof to drivers. That is not the law. The law -- following some minimal reform efforts -- lays the burden exactly where Trooper Steve says it doesn't.

Cash seizures still won’t need to be preceded by an arrest, though under the new law, forfeiture of any property won’t be made permanent unless law enforcement can prove “beyond a reasonable doubt” that it is linked to a crime. That’s the same standard of proof required for a criminal conviction.

So, it is not up to drivers to prove the cash they have on them is legit. It's up to cops. Of course, this won't stop a seizure, but at least the law says the burden of proof is on law enforcement. Supposed "expert" Trooper Steve says it isn't. He is making people stupider. And perhaps conveniently so, because while you can take a cop out of the force, you can't take the force out of the cop.

Do better with your hiring, ClickOrlando. And clean up after your repurposed public servants when they fuck up. Thanks.

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Begin Trace Mode for Comment # 12.

#1. To: Deckard (#0)

Of course, this won't stop a seizure, but at least the law says the burden of proof is on law enforcement.

The author's way won't stop a seizure. But the trooper's way will. Simply show where the money came from. Then it won't get seized to begin with.

No receipt? Then the money gets seized and you have to prove later in court where it came from.

misterwhite  posted on  2019-08-10   9:35:30 ET  Reply   Untrace   Trace   Private Reply  


#2. To: misterwhite (#1)

What if you honestly don't have receipts because you saved it in your own safe for a lifetime? Who gives a shit is your response.

You have a problem with that innocent until proven guilty thing. Along with the 4th amendment which you despise.

A K A Stone  posted on  2019-08-10   9:40:19 ET  Reply   Untrace   Trace   Private Reply  


#4. To: A K A Stone (#2) (Edited)

You have a problem with that innocent until proven guilty thing.

Innocent until proven guilty only applies to people, not property. By the way, don't you support locking people up for murder before they have their day in court? They haven't been found guilty, meaning they're innocent, right?

misterwhite  posted on  2019-08-10   9:58:26 ET  Reply   Untrace   Trace   Private Reply  


#6. To: misterwhite, A K A Stone (#4)

You have a problem with that innocent until proven guilty thing.

Innocent until proven guilty only applies to people, not property.

In other words if a house has some peeling paint, mis-matched blinds, grass "too long" in the yard ar anything that violates a city code, that house is "guilty of a crime" and can be seized.

Yeah - you're on record as supporting that tyranny as well.

The idea that any property - money or otherwise can be presumed to be guilty of committing a crime is so very Orwellian.

Deckard  posted on  2019-08-10   11:58:34 ET  Reply   Untrace   Trace   Private Reply  


#8. To: Deckard, misterwhite, A K A Stone (#6)

At one time in Florida seizing the assets such as houses, vehicles and other assets of people who weren’t even charged with a crime did happen and it was a substantial source of revenue for LE agencies.

But now in Florida, seizing and bringing a civil forfeiture claim against an owner of property is no longer that easy under Florida Statute §932.703.

In 2016, a new law was enacted in Florida that makes it harder for law enforcement agencies to take property.

There are two primary changes in the law

1. Under the new law, officers must first make an arrest in the case before they can seize a vehicle or other property. There is still no requirement that the arrest result in a conviction.

2. The degree of proof required to forfeit your property is higher. Under the old Florida law, the state had to present “clear and convincing evidence,” but the new law requires the state to prove their case “beyond a reasonable doubt.” Although a seizure case is still a civil procedure, the “beyond a reasonable doubt” standard of proof is the same level required to convict someone accused of a felony in a criminal case..

https://www.floridacriminallawblog.com/pensacola-florida-cannot- seize-property-without-arrest/

Although Florida still uses asset forfeiture, it is now a bit more difficult for LE agencies to use it as an easy way to generate income. Florida and a handful of other states have implemented similar laws.

Gatlin  posted on  2019-08-10   12:44:25 ET  Reply   Untrace   Trace   Private Reply  


#12. To: Gatlin (#8)

Under the old Florida law, the state had to present “clear and convincing evidence,” but the new law requires the state to prove their case “beyond a reasonable doubt.”

Good on Florida - misterwhite will be displeased.

Deckard  posted on  2019-08-10   13:05:31 ET  Reply   Untrace   Trace   Private Reply  


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