Kondor3
Cafeteria Centrist
Then I agree that this needs to be stopped, and support legal action (and fresh statute) to prevent such seizures without a warrant.What are the conditions under which personal assets can be seized by the State in Wyoming?
Are we basically talking about taking the Pinky Rings and Bank Accounts and Lexus owned by pimps and drug-dealers, or is there more?
Basically: if you are carrying cash, they can steal it. Yes, it's that simple.
Warrants should preferably be issued prior to the seizure, however, I, for one, would support the obtaining of a warrant post-facto, under circumstances wherein it would not have been possible to obtain the warrant in advance and still be certain of the asset(s) being available for seizure (due to moving the asset liquidating them, re-titling them, etc.).
But... before or after... a warrant in each-and-every instance... with judicial and law-enforcement accountability that includes...
1. the warrant itself
2. inventorying of all assets seized
3. certification of inventory by reliable third-party service
4. receipt for seized assets, issued to (a) the owner and (b) the court issuing the warrant
5. all assets held in trusteeship awaiting a conviction or other certification by the court issuing the warrant, that the seizure may be finalized
6. return of all assets to the accused, in the event of dismissal or finding of not guilty
7. disposal of seized assets, in the event of a conviction, with full accountability for such disposal (sale, re-tasking, shifts of ownership, etc)
8. proceeds from disposal transferred to appropriate government coffers
9. Disposal Report sent to court issuing the seizure and finalizing warrants or orders
10. Judicial record of seizure, finalizing and disposal, sent to appropriate State-level government department, for administrative review
11. Reversal or Restitution if State issues a finding of non-compliance or impropriety or conflict-of-interest or bad process or procedure
12. Archiving of Seizure-and-Disposal Case if State issues a finding of Compliance.
Never gonna happen in a backwater like Wyoming, but some-such thing seems to make sense.