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Jerry Bird. Above the law?

Posted By: sgcuda

Jerry Bird. Above the law? - 06/04/17 05:45 PM

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
Posted By: MoparBilly

Re: Jerry Bird. Above the law? - 06/04/17 05:54 PM

Texas is not New York...thank God.
Posted By: Porter67

Re: Jerry Bird. Above the law? - 06/04/17 06:57 PM

Forced Edit
Posted By: CMcAllister

Re: Jerry Bird. Above the law? - 06/04/17 08:15 PM

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.
Posted By: Silver70

Re: Jerry Bird. Above the law? - 06/04/17 08:50 PM

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.
Posted By: Dave Hall

Re: Jerry Bird. Above the law? - 06/04/17 09:05 PM

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!!!
Posted By: pittsburghracer

Re: Jerry Bird. Above the law? - 06/04/17 09:14 PM

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
Posted By: polyspheric

Re: Jerry Bird. Above the law? - 06/04/17 09:17 PM

"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.
Posted By: John_Kunkel

Re: Jerry Bird. Above the law? - 06/04/17 10:15 PM

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.
Posted By: CSK

Re: Jerry Bird. Above the law? - 06/04/17 10:45 PM

Exactly
Posted By: 1967dartgt

Re: Jerry Bird. Above the law? - 06/05/17 12:49 AM

Originally Posted By MoparBilly
Texas is not New York...thank God.


One New York is too much...
Posted By: astjp2

Re: Jerry Bird. Above the law? - 06/06/17 12:01 AM

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!
Posted By: jcc

Re: Jerry Bird. Above the law? - 06/06/17 12:31 AM

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
Posted By: polyspheric

Re: Jerry Bird. Above the law? - 06/06/17 04:00 PM

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.
Posted By: dusturbd340W5

Re: Jerry Bird. Above the law? - 06/09/17 03:37 AM

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.
Posted By: Porter67

Re: Jerry Bird. Above the law? - 06/09/17 03:49 AM

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.
Posted By: WO23Coronet

Re: Jerry Bird. Above the law? - 06/09/17 05:37 AM

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
Posted By: jcc

Re: Jerry Bird. Above the law? - 06/09/17 05:31 PM

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
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