Jerry Bird. Above the law?
#2315935
06/04/17 01:45 PM
06/04/17 01:45 PM
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Joined: Jan 2005
Posts: 4,243 Charlotte, North Carolina
sgcuda
OP
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OP
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Joined: Jan 2005
Posts: 4,243
Charlotte, North Carolina
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I remember when I first left NY, there was a street race bust. Everyone got arrested, cars got impounded, not to be returned. Some cars were used as police vehicle, I guess just to rub it in their faces. Jerry Bird gets arrested in the middle of a high dollar street race, car gets impounded. He gets released and car is expected to be returned. Boy that sure gives a good impression of how dangerous and illegal street racing is. http://www.dragzine.com/news/forth-worth...ash-days-finale
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Re: Jerry Bird. Above the law?
[Re: sgcuda]
#2315943
06/04/17 01:54 PM
06/04/17 01:54 PM
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Joined: Jan 2003
Posts: 4,448 Phoenix, AZ
MoparBilly
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Phoenix, AZ
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Texas is not New York...thank God.
"Livin' in a powder keg and givin' off sparks"
4 Street cars, 5 Race engines
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Re: Jerry Bird. Above the law?
[Re: sgcuda]
#2315970
06/04/17 02:57 PM
06/04/17 02:57 PM
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Joined: Jun 2014
Posts: 5,183
Porter67
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Posts: 5,183
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Re: Jerry Bird. Above the law?
[Re: sgcuda]
#2316007
06/04/17 04:15 PM
06/04/17 04:15 PM
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Joined: Dec 2005
Posts: 11,521 Fulton County, PA
CMcAllister
Mr. Helpful
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Mr. Helpful
Joined: Dec 2005
Posts: 11,521
Fulton County, PA
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In this country, being arrested, accused or even convicted of a crime, any crime, should not be grounds to have property confiscated. If you want to prescribe severe jailtime and/or fines, that's fine. If the dude has to sell the car to pay the fine, OK. But this crap of taking someone's sometimes very valuable property, giving it to the police or auctioning it off, is not close to being constituional, IMHO. Before you flame away, I'm as big a law and order/support LE guy as you'll find. I'm also a big Constitution, liberty guy as well, and taking property without due process is wrong, regardless how big a "scumbag" the owner is. Remember, the definition of "scumbag" is up to the people making the rules.
If the results don't match the theory, change the theory.
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Re: Jerry Bird. Above the law?
[Re: sgcuda]
#2316036
06/04/17 04:50 PM
06/04/17 04:50 PM
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Joined: Feb 2003
Posts: 18,582 Rust Belt, SW PA
Silver70
I Live Here
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I Live Here
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Posts: 18,582
Rust Belt, SW PA
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I agree with no taking someones property... but the race he got busted, sure looked like a dumb place to be racing. I get he didn't pick the spot an was racing for a lot of cash but just not worth it.
68 Road Runner, 69 Belvedere, 71 Challenger Vert 340 barracuda, 01 Ram CTD, 95 Ram, 04 Ram, 85 Daytona turbo Z 66 GTO, 06 Magnum RT AWD. 07 Ram CTD, 07 Ram
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Re: Jerry Bird. Above the law?
[Re: Dave Hall]
#2316049
06/04/17 05:14 PM
06/04/17 05:14 PM
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Joined: Feb 2005
Posts: 20,154 PA.
pittsburghracer
"Little"John
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"Little"John
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Posts: 20,154
PA.
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Well rules are rules so if you know going in that you could lose it all oh well. Drug dealers keep it all and sell to the highest bidder. No pity there
1970 Duster Edelbrock headed 408 5.984@112.52 422 Indy headed small block 5.982@112.56 mph 9.42@138.27
Livin and lovin life one day at a time
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Re: Jerry Bird. Above the law?
[Re: sgcuda]
#2316053
06/04/17 05:17 PM
06/04/17 05:17 PM
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Joined: Oct 2007
Posts: 4,206 New York
polyspheric
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master
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Posts: 4,206
New York
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"Civil forfeiture" (without a criminal conviction) will eventually be (correctly) seen as theft, but SCOTUS is currently at a low ebb of competence. Let's see how they do with with the "Muslim travel ban" (the one that exists only in the judge's mind).
Many States allow forfeiture of any cash you're carrying (generally $100 and up, especially if in small bills, or not in small bills) if stopped for traffic offense because "it's the result of a crime" (drugs) that: 1. doesn't exist 2. you're not charged with 3. you don't get a receipt for the money (no date + illegible signature = good luck with that) 4. isn't permitted by statute, it's just "police policy" 5. kept by the police
BTW: in Nassau County NY if the police don't like you they suspend your pistol license. No criminal accusation is necessary (let alone a conviction), you're "psychologically unsuited", and they keep all your guns. No, it's not even their policy, they just do it. If you don't hand them over, they come to your house and arrest you.
Boffin Emeritus
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Re: Jerry Bird. Above the law?
[Re: CMcAllister]
#2316097
06/04/17 06:15 PM
06/04/17 06:15 PM
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Joined: Jan 2003
Posts: 25,743 Rio Linda, CA
John_Kunkel
Too Many Posts
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Too Many Posts
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In this country, being arrested, accused or even convicted of a crime, any crime, should not be grounds to have property confiscated. And the 4th Amendment so states but the SCOTUS's interpretation of "reasonable" seems to conflict with the norm. A license to steal for underfunded police departments.
The INTERNET, the MISinformation superhighway
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Re: Jerry Bird. Above the law?
[Re: MoparBilly]
#2316185
06/04/17 08:49 PM
06/04/17 08:49 PM
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Joined: Oct 2007
Posts: 3,978 Hilltown Pa
1967dartgt
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Hilltown Pa
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Texas is not New York...thank God. One New York is too much...
Brett Miller W9 cnc'd heads STR Chassis fabraction
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Re: Jerry Bird. Above the law?
[Re: 1967dartgt]
#2316801
06/05/17 08:01 PM
06/05/17 08:01 PM
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Joined: Jan 2011
Posts: 4,785 Utah and Alaska
astjp2
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master
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Utah and Alaska
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Texas is not New York...thank God. One New York is too much... I thought KOMMIEFORNIA was the west coast version of New York!
1941 Taylorcraft 1968 Charger 1994 Wrangler 1998 Wrangler 2008 Kia Rio 2017 Jetta
I didn't do 4 years and 9 months of Graduate School to be called Mister!
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Re: Jerry Bird. Above the law?
[Re: polyspheric]
#2316826
06/05/17 08:31 PM
06/05/17 08:31 PM
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Joined: Dec 2003
Posts: 22,695 Bitopia
jcc
If you can't dazzle em with diamonds..
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If you can't dazzle em with diamonds..
Joined: Dec 2003
Posts: 22,695
Bitopia
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"Civil forfeiture" (without a criminal conviction) will eventually be (correctly) seen as theft, but SCOTUS is currently at a low ebb of competence. Let's see how they do with with the "Muslim travel ban" (the one that exists only in the judge's mind).
Many States allow forfeiture of any cash you're carrying (generally $100 and up, especially if in small bills, or not in small bills) if stopped for traffic offense because "it's the result of a crime" (drugs) that: 1. doesn't exist 2. you're not charged with 3. you don't get a receipt for the money (no date + illegible signature = good luck with that) 4. isn't permitted by statute, it's just "police policy" 5. kept by the police
BTW: in Nassau County NY if the police don't like you they suspend your pistol license. No criminal accusation is necessary (let alone a conviction), you're "psychologically unsuited", and they keep all your guns. No, it's not even their policy, they just do it. If you don't hand them over, they come to your house and arrest you. I believe the twisted logic that is now allowing this legally is, the enforcers are thinking, "the car" violated the "law", and it has to pay the penalty, Impound, etc, Dovetails somewhat with the controversial Citizens United SC ruling. https://en.wikipedia.org/wiki/Citizens_United_v._FECie a corporation has rights and responsibilities same as a person? So you car was bad, and needs to be crushed.
Last edited by jcc; 06/06/17 12:04 PM.
Reality check, that half the population is smarter then 50% of the people and it's a constantly contested fact.
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Re: Jerry Bird. Above the law?
[Re: sgcuda]
#2317089
06/06/17 12:00 PM
06/06/17 12:00 PM
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Joined: Oct 2007
Posts: 4,206 New York
polyspheric
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master
Joined: Oct 2007
Posts: 4,206
New York
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NYC started confiscating the NJ-registered car you drove in if you're arrested for a drug purchase: the car is a "necessary element" of the crime. Not sure if they still do. Basically, all prosecutors will jam up anyone they can, it's the career path to the Senate etc.
Boffin Emeritus
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Re: Jerry Bird. Above the law?
[Re: polyspheric]
#2318286
06/08/17 11:37 PM
06/08/17 11:37 PM
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Joined: Jan 2003
Posts: 4,616 Kissimmee Fl.
dusturbd340W5
master
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master
Joined: Jan 2003
Posts: 4,616
Kissimmee Fl.
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"Civil forfeiture" (without a criminal conviction) will eventually be (correctly) seen as theft, but SCOTUS is currently at a low ebb of competence. Let's see how they do with with the "Muslim travel ban" (the one that exists only in the judge's mind).
Many States allow forfeiture of any cash you're carrying (generally $100 and up, especially if in small bills, or not in small bills) if stopped for traffic offense because "it's the result of a crime" (drugs) that: 1. doesn't exist 2. you're not charged with 3. you don't get a receipt for the money (no date + illegible signature = good luck with that) 4. isn't permitted by statute, it's just "police policy" 5. kept by the police
BTW: in Nassau County NY if the police don't like you they suspend your pistol license. No criminal accusation is necessary (let alone a conviction), you're "psychologically unsuited", and they keep all your guns. No, it's not even their policy, they just do it. If you don't hand them over, they come to your house and arrest you. I've been stopped in a few different states with a conceal carry and carrying large sums of cash and have never had anything taken.
70 duster full chassis super pro 416 CNC Indybrock heads 727 w/brake
best so far 1.212 60 6.219 in 1/8 at 110.88 9.768 at 137.81 1/4
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Re: Jerry Bird. Above the law?
[Re: WO23Coronet]
#2318458
06/09/17 01:31 PM
06/09/17 01:31 PM
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Joined: Dec 2003
Posts: 22,695 Bitopia
jcc
If you can't dazzle em with diamonds..
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If you can't dazzle em with diamonds..
Joined: Dec 2003
Posts: 22,695
Bitopia
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I categorically refuse to permit ANY search of my vehicle anytime, and normally asked "why Not?", I answer, the law does not require me to have or give any reason. They usually then pull guns, and search the vehicle for "officer safety", and after maybe 10? searches over the decades, they have NEVER found anything, and I NEVER been charged with a crime. Our constitution, when properly followed, is a great comfort, from my experience.
Reality check, that half the population is smarter then 50% of the people and it's a constantly contested fact.
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