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Jerry Bird. Above the law? #2315935
06/04/17 01:45 PM
06/04/17 01:45 PM
Joined: Jan 2005
Posts: 4,243
Charlotte, North Carolina
sgcuda Offline OP
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Charlotte, North Carolina
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.
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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
Joined: Jan 2003
Posts: 4,448
Phoenix, AZ
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MoparBilly Offline
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Texas is not New York...thank God.


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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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Porter67 Offline
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Forced Edit

Re: Jerry Bird. Above the law? [Re: sgcuda] #2316007
06/04/17 04:15 PM
06/04/17 04:15 PM
Joined: Dec 2005
Posts: 11,408
Fulton County, PA
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CMcAllister Offline
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Fulton County, PA
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.
Re: Jerry Bird. Above the law? [Re: sgcuda] #2316036
06/04/17 04:50 PM
06/04/17 04:50 PM
Joined: Feb 2003
Posts: 18,582
Rust Belt, SW PA
Silver70 Offline
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Silver70  Offline
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Rust Belt, SW PA
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.


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Re: Jerry Bird. Above the law? [Re: sgcuda] #2316046
06/04/17 05:05 PM
06/04/17 05:05 PM
Joined: Jan 2008
Posts: 2,363
Cotati, CA
Dave Hall Offline
top fuel
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Cotati, CA
If the law says to impound the car what's the problem? These guys are stupid if you ask me. I got an idea, let's build a 200K car and go "race" where there's no traction and no timing equipment. BRILLIANT!!!

Re: Jerry Bird. Above the law? [Re: Dave Hall] #2316049
06/04/17 05:14 PM
06/04/17 05:14 PM
Joined: Feb 2005
Posts: 20,116
PA.
pittsburghracer Offline
"Little"John
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PA.
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


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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
Joined: Oct 2007
Posts: 4,205
New York
polyspheric Offline
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New York
"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
Re: Jerry Bird. Above the law? [Re: CMcAllister] #2316097
06/04/17 06:15 PM
06/04/17 06:15 PM
Joined: Jan 2003
Posts: 25,618
Rio Linda, CA
John_Kunkel Offline
Too Many Posts
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Rio Linda, CA
Originally Posted By CMcAllister
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.


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Re: Jerry Bird. Above the law? [Re: John_Kunkel] #2316109
06/04/17 06:45 PM
06/04/17 06:45 PM
Joined: Aug 2011
Posts: 2,842
Pattison Texas
CSK Offline
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Exactly


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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
Joined: Oct 2007
Posts: 3,978
Hilltown Pa
1967dartgt Offline
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Hilltown Pa
Originally Posted By MoparBilly
Texas is not New York...thank God.


One New York is too much...


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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
Joined: Jan 2011
Posts: 4,785
Utah and Alaska
astjp2 Offline
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Utah and Alaska
Originally Posted By 1967dartgt
Originally Posted By MoparBilly
Texas is not New York...thank God.


One New York is too much...

I thought KOMMIEFORNIA was the west coast version of New York!


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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
Joined: Dec 2003
Posts: 22,695
Bitopia
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jcc Offline
If you can't dazzle em with diamonds..
jcc  Offline
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Joined: Dec 2003
Posts: 22,695
Bitopia
Originally Posted By polyspheric
"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._FEC

ie a corporation has rights and responsibilities same as a person?

So you car was bad, and needs to be crushed. eyes

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.
Re: Jerry Bird. Above the law? [Re: sgcuda] #2317089
06/06/17 12:00 PM
06/06/17 12:00 PM
Joined: Oct 2007
Posts: 4,205
New York
polyspheric Offline
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polyspheric  Offline
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Posts: 4,205
New York
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
Re: Jerry Bird. Above the law? [Re: polyspheric] #2318286
06/08/17 11:37 PM
06/08/17 11:37 PM
Joined: Jan 2003
Posts: 4,616
Kissimmee Fl.
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dusturbd340W5 Offline
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Kissimmee Fl.
Originally Posted By polyspheric
"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.


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Re: Jerry Bird. Above the law? [Re: sgcuda] #2318291
06/08/17 11:49 PM
06/08/17 11:49 PM
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Posts: 5,183
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Porter67 Offline
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I got stopped one time with 12.5 in cash, just dropped a car off I sold on ebay in Seattle and had the ad, my old plates, reg and still the trooper looked for a reason to hijack me.

Asked my friend to open his trunk and then open the tool box in the trunk, but I will add my friend was 10 over and hit the brakes hard when we crested the hill and that prompted the stop.

But ive heard some counties in the south supplement there budget doing odd things for no reason.

Re: Jerry Bird. Above the law? [Re: sgcuda] #2318320
06/09/17 01:37 AM
06/09/17 01:37 AM
Joined: Jan 2008
Posts: 4,254
Canada
WO23Coronet Offline
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Canada
I'm not against the seizing property of dirtbags if it's related to a crime (conveying drugs in a vehicle and seizing the vehicle etc, property that can be shown to be part of or purchased via a criminal enterprise, and truly proven) but this seizing cash from people just because is really messed up

Re: Jerry Bird. Above the law? [Re: WO23Coronet] #2318458
06/09/17 01:31 PM
06/09/17 01:31 PM
Joined: Dec 2003
Posts: 22,695
Bitopia
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jcc Offline
If you can't dazzle em with diamonds..
jcc  Offline
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Joined: Dec 2003
Posts: 22,695
Bitopia
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. smirk


Reality check, that half the population is smarter then 50% of the people and it's a constantly contested fact.






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