Thread. People don't understand the corruption connected to civil forfeiture. I once had a client arrested for marijuana. The cops used civil forfeiture laws to take his car. The officers would then drive around my client's neighborhood mocking him from his own car.
The cops had followed him around for months pulling him over, and one time they claimed that their drug dog smelled marijuana in his car. After hiring an expert to analyze the records, I later discovered they had fabricated the training records for the drug dog.
But they used this fabrication to get a search warrant for my client's house because judges will sign virtually any drug search warrant police request. They raided his home with a SWAT team and found marijuana and seized his car.
As a public defender, I had numerous other clients who were told by police that their car looked too nice for someone like them, and that the officers couldn't wait to be driving it themselves.
That was in Alabama, but read this linked thread about civil forfeiture in D.C. and almost everywhere across the country. Think about what deeper lessons this standard practice reveals for us about what interests cops serve:

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More from @equalityAlec

11 Jul
Thread. I represented a client named Paula. She had serious physical disabilities and illness that required constant, careful attention. Prosecutors were threatening her with jail because she couldn't pay monthly probation fees. What happened next is astonishing. (1)
Paula asked me to come to the sheriff with her so that we could explain her medical issues so that, if she was jailed for her poverty, she wouldn't die. We went to meet the sheriff, and we handed him a sheet of paper with instructions for her medications and needs. (2)
Sadly, we weren't able to stop a judge from jailing her. She was locked up briefly for misdemeanor probation violation because she couldn't pay. At the jail, the sheriff mocked her. He showed her the paper with her medications, tore it up, and threw it in the trash. (3)
Read 8 tweets
9 Jul
The media is fabricating a new racist hysteria about crime and then falsely linking that fear-mongering to the most minor efforts to make the punishment bureaucracy less barbaric. Today, the @HoustonChron published what might be the single worst piece of journalism yet. (1)
I will not link to the piece, but two reporters worked with the DA and the cops to write an article blaming murders on vague "bail reform." Please understand: the thesis of the article is refuted by all of the overwhelming empirical evidence. The article is a total sham. (2)
Every rigorous academic examination shows that rampant pretrial human caging and family separation that results from this country's shameful use of cash bail leads to *more future harm.* But the authors suggest that releasing presumed innocent people leads to more "crime." (3)
Read 6 tweets
8 Jul
Thread. This is the story of Tracy, who was arrested for vandalizing her boyfriend's car. She couldn't pay a few hundred dollars cash bail that the judge required for her release. A few days later she died in a Houston jail cell. (1)
In Tracy's case, the judge required a total of $3,000 in cash bail. Tracy was sick and wasn't even brought to her own bail hearing. Based on prevailing profit rates in the Texas bail industry, she could have been free had she been able to pay a private company $300. (2)
Two days later, one of the other women in her bunk found Tracy hanging from a sheet. She was pronounced dead two days after that. (3)
Read 9 tweets
7 Jul
According to testimony in the Legislature yesterday, 70% of Texas judges make bail decisions "based on their gut feelings."
Understand what this means: if you're poor, court proceedings with lawyers and actual evidence don't exist in most of Texas for your initial bail decision. A judge decides whether you are caged in dangerous conditions or home with your children and family based on their "gut."
The result? The basic constitutional rule that presumptively innocent people must be at liberty prior to being convicted absent exceptional circumstances is a hollow joke. There are 5,400 human beings in the Houston jail alone who are caged solely because they can't pay bail.
Read 4 tweets
6 Jul
Thread. Have you ever heard of "civil asset forfeiture"? You're never going to think about the police the same way again. (1)
A few years ago, when I was at the public defender's office, my very poor clients kept telling me the same story: they would be walking down the street and DC police would stop them, search them at gunpoint, tell them to open their wallets, and take all the cash they had. (2)
The wildest part? The DC police would then send them a letter saying that, if they wanted to challenge the police taking of their cash, they would need to pay either $250 or 10% of the amount taken, whichever was more! (3)
Read 13 tweets
5 Jul
Thread. This is a story you won't hear on the news, but it's as important as anything you will read. Here is the story of one man who got lost in jail, and it says a great deal about our society. (1)
The man was arrested by sheriffs in Houston for possession of meth. He was kept in a cage before any legal proceedings unless he could pay a predetermined amount of cash--a problem across Texas. He was too poor to pay, so he stayed in jail. (2)
Court records show that cops, prosecutors, and judges knew that he had “been determined to have a mental illness or to be a person with an intellectual disability by the local mental health authority.” (3)
Read 13 tweets

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