What could my defense be? Search and Seizure with no arrest made or consent given to

[CdwJava]

Carl, although the following link is to an article written by Steven Greenhut in November 2015 for The San Diego Union-Tribune about civil forfeiture in California and is therefore not applicable to copsarerobbers in Arizona, the "California needs to fix forfeiture abuse" article indicates that California is not immune from the problem that has been experienced in other states.

http://www.sandiegouniontribune.com/news/2015/nov/23/california-fails-to-fix-abuses/

I understand that the laws are different, but I seriously question some of the findings in this 2 year old article working on data that goes back some 11 years before that. The state DOJ imploded with their budget about 8 years ago and so did many local law enforcement budgets, so the Task Forces and prosecutors' offices that used to make these busts that had the potential to proceed with asset forfeitures have been greatly downsized or disappeared in CA. With the collapse of the state level involvement in these TFs through DOJ's BNE, so, too, has the partnerships with the feds. Only in a handful of very large jurisdictions do you still find functioning TFs that seek to do much in the way of forfeiture. In fact, the money is so rare, thin, and unpredictable, law enforcement management courses discourage ANY reliance on forfeiture as a funding source these days. When I first went to Management school in 2002, it was a viable option for some small capital purchases - or, at least for transferring capital items to the department's use (vehicles, boats, and property, on rare occasions). Today? Not likely at all.

Are there abuses? Sure. I am imagine there are. But, to presume that every traffic stop in AZ where they find dope and impound a vehicle is some sort of asset forfeiture scheme is fantastic, in the extreme. If the OP receives some form of notice of their intent to seize it as a result of her dope possession, then I might agree. Until then, this is a traffic stop involving a bike facing impound, a search, and the discovery of dope. Something that happens every day all over the country without any intent to seize it for any form of asset forfeiture.

 

[quincy]

I think there is enough evidence of abuses within some police departments that we should not discount a poster's belief that the police acted badly simply because many of us on this forum are pro-police.

My posts ask readers to consider a view of what has been written by the poster that may be uncomfortable for you as a police officer to accept. I understand your position and you could be right that the officers did nothing wrong. You could also be wrong.

The police officers might be "bad" cops and a personal review of the stop, search and seizure, by an attorney who can examine the facts, could determine this better.

 

[CdwJava]

Oddly, this perspective of "the cops may very well be involved in unethical or criminal activity" does not seem to be a consistent theme throughout your posts so I wonder where that thought suddenly comes from in this one? If it were, you might sound like a conspiracy nut, and that is NOT you. Do you really see this as a viable possibility in any and all traffic stop and impound posts on this site?

It seems peculiar to bring up the idea out of the blue and without any inkling that it might even be a possibility. As I mentioned, if we want to get into a practice of posting what MIGHT be occurring and include each and every nefarious possibility - no matter how remote, then the effect or purpose of this site will change dramatically. It's not that the idea is "uncomfortable" to me (it's not, if it happens), it's the idea that this came from out of the blue in an incident that I and every other cop has participated in hundreds if not thousands of times over a career.

 

[quincy]

Oddly, this perspective of "the cops may very well be involved in unethical or criminal activity" does not seem to be a consistent theme throughout your posts so I wonder where that thought suddenly comes from in this one? If it were, you might sound like a conspiracy nut, and that is NOT you. Do you really see this as a viable possibility in any and all traffic stop and impound posts on this site?

It seems peculiar to bring up the idea out of the blue and without any inkling that it might even be a possibility. As I mentioned, if we want to get into a practice of posting what MIGHT be occurring and include each and every nefarious possibility - no matter how remote, then the effect or purpose of this site will change dramatically. It's not that the idea is "uncomfortable" to me (it's not, if it happens), it's the idea that this came from out of the blue in an incident that I and every other cop has participated in hundreds if not thousands of times over a career.

The officers I know well have never led me to believe that they are anything but honorable in their dealings with the public. I hold a great deal of respect for most law enforcement officers. You are right that I am not a "conspiracy nut" and that you would even mention conspiracy nut in this thread surprises me.

I merely see what copsarerobbers wrote differently than you see it, and I provided you with some of the reasons why.

Despite my belief that most law enforcement officers perform their jobs admirably and with honest purpose, I also know that not all officers do. For that reason and because what copsarerobbers describes is not unique to copsarerobbers, I recommend copsarerobbers have an attorney in Arizona personally review what happened to her in the desert with the officers.

 

[justalayman]

Civil forfeiture has been a problem since its inception. The fact some states are enacting laws requiring an arrest or even a conviction to be able to seize and retain the suspects property proves somebody thinks there is a problem with the system as it is. If there would be no problems with how the system works, no legislature would have taken on the task of amending their laws.

It is one situstion where a person can be penalized with nothing more than an assertion they have committed a crime.

 

[CdwJava]

But, WHERE in this post is asset forfeiture even hinted at?! It's about as random a thought as intimating that the officers planted the dope, or, that they don't like women or motorcyclists. I mean, really ...

 

[justalayman]

But, WHERE in this post is asset forfeiture even hinted at?! It's about as random a thought as intimating that the officers planted the dope, or, that they don't like women or motorcyclists. I mean, really ...

I didn't say that it was and with what little the op provided it is impossible to determine BUT it is just as much a possibility as anything else at the moment.

I will say the original post is written very strangely though. It is written in a fashion of a troll or somebody that would twist their rendition of the tale to present cops in the worst light possible, even if not warranted.

 

[CdwJava]

I didn't say that it was and with what little the op provided it is impossible to determine BUT it is just as much a possibility as anything else at the moment.

Not nearly as likely as two deputies conducting a "routine" stop and search of what may have been a very suspicious person.

I will say the original post is written very strangely though. It is written in a fashion of a troll or somebody that would twist their rendition of the tale to present cops in the worst light possible, even if not warranted.

My thought, exactly!