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U.S. Constitution
See other U.S. Constitution Articles

Title: The Cops Took This Guy's $15,000 Jeep Because His Girlfriend Allegedly Used It for a $25 Marijuana Sale
Source: Reason
URL Source: https://reason.com/2020/08/21/the-c ... ed-it-for-a-25-marijuana-sale/
Published: Aug 21, 2020
Author: Jacob Sullum
Post Date: 2020-08-23 01:09:31 by Deckard
Keywords: None
Views: 1552
Comments: 25

Kevin-McBride-GI

Kevin McBride (Goldwater Institute)

Tucson handyman Kevin McBride was hard at work one Friday last May when his girlfriend offered to get him a cold drink from a convenience store. She took his Jeep, his sole means of transportation and the basis of his livelihood. Then the cops took his Jeep, and local prosecutors are now demanding a $1,900 ransom before he can get it back.

This sort of shakedown would be clearly felonious if ordinary criminals attempted it. But as McBride discovered, it is legal under Arizona's civil asset forfeiture law. The cops said McBride's girlfriend had used his Jeep to sell a small amount of marijuana to an undercover officer for $25. Although the charges against her were dropped, the Jeep is still being held as a party to that alleged offense, and McBride has to pay for the privilege of getting his property back.

"They're extorting money from me," McBride says, "and I didn't do anything. I don't know how they can do that. You know, we don't live in a free country anymore, because that's not freedom."

Ordinarily, someone in McBride's position would be inclined to give in, since challenging the forfeiture would cost thousands of dollars in legal fees, and there would be no guarantee of winning. But the Goldwater Institute is representing McBride pro bono, arguing that Arizona's system of legalized theft violates the Fifth Amendment's guarantee of due process and the Eighth Amendment's ban on excessive fines.

When he began to wonder what was keeping his girlfriend, McBride hitched a ride to the convenience store, where he was dismayed to find police loading his Jeep onto a flatbed truck. When he asked the cops what was going on, he was handed a phone number to call for an explanation. He tried the number for three weeks before someone answered, which is when he found out that his Jeep had been seized because of the alleged marijuana sale.

Under civil forfeiture law, neither the fact that McBride was not accused of a crime nor the fact that the charges against his girlfriend were dropped made any difference. Officially, the Jeep itself is accused of participating in criminal activity. If McBride could scrape together the money for a lawyer to challenge the forfeiture, the government would have to show by "clear and convincing evidence" that the Jeep was involved in a penny-ante marijuana sale.

That is actually an improvement on the standard that applied before Arizona amended its forfeiture law in 2017, when "a preponderance of the evidence" (any probability greater than 50 percent) was enough. But the current standard is still a much lighter burden than proof beyond a reasonable doubt, the rule that applies in criminal cases. And unlike criminal defendants, innocent owners like McBride have no right to court-appointed counsel, which makes it much easier to pressure them into "mitigation" agreements like the one proposed by the Pima County Attorney's Office.

"An outright return of the vehicle is inappropriate in this case," Deputy County Attorney Kevin Krejci asserted in an August 11 letter to McBride. Instead, "the state offers the following mitigation of forfeiture," Krejci wrote, saying the Jeep "would be released from forfeiture for $1,900.00." But "if we cannot agree on this mitigation, then the state will proceed with a Declaration of Forfeiture." Since Arizona assigns 100 percent of forfeiture proceeds to the law enforcement agencies responsible for the seizure, this proposal is tantamount to demanding a bribe for the return of stolen property.

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Begin Trace Mode for Comment # 17.

#2. To: Deckard (#0)

The cops said McBride's girlfriend had used his Jeep to sell a small amount of marijuana to an undercover officer for $25.

Wow! What a coincidence that an undercover narcotics officer a) just so happened to be at the convenience store that she drove to, b) wanted to buy marijuana, c) approached her out of everyone there, d) and she just so happened to have some for sale.

Almost as though she's done this before. And before that. And before that.

She's a drug dealer and her boyfriend's complicit. F**k 'em. Take their Jeep.

misterwhite  posted on  2020-08-23   11:50:44 ET  Reply   Untrace   Trace   Private Reply  


#5. To: misterwhite (#2)

just so happened to be at the convenience store

her boyfriend's complicit. F**k 'em. Take their Jeep.

Why not seize the convenience store? It was also used in the commission of the crime.

And if you say the convenience store had no knowledge of the crime then how do you know the boyfriend knew and was complicit. You jumped to a conclusion...

the fact that McBride was not accused of a crime

watchman  posted on  2020-08-23   15:05:14 ET  Reply   Untrace   Trace   Private Reply  


#7. To: watchman (#5)

Why not seize the convenience store? It was also used in the commission of the crime.

Hell, it sounds to me like the whole state of Arizona should be seized, shouldn't it?

Pinguinite  posted on  2020-08-23   15:53:53 ET  Reply   Untrace   Trace   Private Reply  


#8. To: Pinguinite (#7)

Why should the police stop at Arizona?

With a little digging they could find cause to seize misterwhite's car AND home.

watchman  posted on  2020-08-23   16:43:19 ET  Reply   Untrace   Trace   Private Reply  


#9. To: watchman (#8)

" Why should the police stop at Arizona?

With a little digging they could find cause to seize misterwhite's car AND home. "

LOL !!!

Stoner  posted on  2020-08-23   16:58:07 ET  Reply   Untrace   Trace   Private Reply  


#10. To: Stoner (#9)

The day the cop worship dies...

When they pull up with a tow truck to take his old man car, probably a beige '79 Fairmont.

watchman  posted on  2020-08-23   17:07:53 ET  Reply   Untrace   Trace   Private Reply  


#12. To: watchman (#10)

probably a beige '79 Fairmont.

Don't have that. But I do have a red '69 Corvette in the barn.

misterwhite  posted on  2020-08-23   18:32:12 ET  Reply   Untrace   Trace   Private Reply  


#14. To: misterwhite (#12)

Sweet!

Convertible? Side pipes?

watchman  posted on  2020-08-23   18:37:14 ET  Reply   Untrace   Trace   Private Reply  


#16. To: watchman (#14)

It's a coupe with a 2-panel removable roof and removable rear window. 427, Holley quad, Hurst shifter, side exhaust, red with black interior.

Passes everything on the road except a gas station.

misterwhite  posted on  2020-08-24   11:02:14 ET  Reply   Untrace   Trace   Private Reply  


#17. To: misterwhite, sneakypete (#16)

427, Holley quad, Hurst shifter, side exhaust

O, you've got the Holy Grail.

I was 12 when that car came out. At that age I was captivated.

But I'm still holding out for a mid-30's pickup. Sneakypete has one...a '34 Ford.

One thing, misterwhite, I hope you aren't out slinging gravel on those less fortunate than yourself.

watchman  posted on  2020-08-24   14:52:48 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 17.

#23. To: watchman (#17)

But I'm still holding out for a mid-30's pickup. Sneakypete has one...a '34 Ford.

I also have a 36 IHC D-2 half-ton pu that is all-original. Only reason I am not driving it now is the damn radiator blew up,and nobody sells or makes direct replacements. Cheapest estimate I got was 1,000 bucks,and even then I had to send them my old radiator to use for a pattern.

sneakypete  posted on  2020-08-25 09:32:18 ET  Reply   Untrace   Trace   Private Reply  


#24. To: watchman (#17)

One thing, misterwhite, I hope you aren't out slinging gravel on those less fortunate than yourself.

How gauche. How déclassé.

misterwhite  posted on  2020-08-25 11:56:16 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 17.

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