Strike The Root

There are a thousand hacking at the branches of evil to one who is striking at the root.

It's Not About Crime--It's Your Property They Want

by Edward J. Williamson

Success and the attainment of the “American Dream” can be defined as having the opportunity to use your individual talents, creativity, initiative, coupled with self-discipline in order to enjoy success, independence, a bright and fruitful future for ourselves and our loved ones. The attainment of the “American Dream” is manifested in several tangible ways: the accumulation of wealth, the building of the proverbial “nest egg” for a secure retirement, owning your own home and property, and having the opportunity to pass on these hard earned fruits of our labors to our children if we so choose. It is also manifested in intangible manners as well: the feeling of accomplishment, and the knowledge that we are free to pursue happiness and contentment. In addition, the belief that what we have worked for and strived to acquire will not be forcibly and unlawfully taken from us by the state for the benefit of the state, or redistributed to those who did nothing to earn it in the first place.  

Which leads us to the crux of my column, our right to own property by legally acquiring it, the right to retain that property, and the right to be free from a system that can arbitrarily decide that your property is no longer yours. Last week in Los Angeles , Kommiefornia, the city council, that gun grabbing, notoriously liberal and left wing entity, decided unanimously that the police could seize your car and sell it. The proceeds from the confiscation of your car would then be split between the police department and the city attorney’s office. Who are they targeting for this outright illegal seizure of private property? Johns who solicit prostitutes. Now, I’m not ranting in defense of the legality or illegality of prostitution and solicitation, that is a matter for another column. What I am railing against is the outright attack on our right to retain that which we legally worked and paid for, in other words, our private property.  

It is not atypical for the police in many cities to impound vehicles for a whole slew of misdemeanors and felonies, which in and of itself may or may not always pass constitutional scrutiny. However, to confiscate by force, with little of no recourse to resecure the property that is rightfully yours, is not only unethical and unconstitutional, but it is downright criminal. It is this type of disturbing encroachment that exposes an even more insidious problem, the fact that the government believes that your property is not really yours – it belongs to them. They are then free to do whatever they deem appropriate and expedient with it, all without your, the rightful owner’s, consent.

Here are two quotes from the article in the newspaper that broke the story, the leftist rag Los Angeles Times:

“As long as the police have probable cause to believe that a vehicle was used in the commission of soliciting prostitution, officers can immediately seize the vehicle as a nuisance, according to the proposed measure.”

“The forfeiture proceeding is a civil process separate from the criminal process, and a car can be forfeited even if the motorist is not convicted of a criminal act.”

As long as the police have probable cause! Now doesn’t that make you feel all warm and fuzzy inside? How about the notion of innocent until proven guilty? Your car can be seized even if the motorist is not convicted of a criminal act! In other words, your property is not safe from the thieves of city hall! How about fairness in sentencing? Take the case of the prostitute here. She will probably be cited, and likely spend some time in jail. Yet, since she walked to the scene of the crime and has no car, her property is not seized! If punishment is to be meted out for the same crime, shouldn’t both parties receive the same sentence? Since the john drove to the scene, his car is forfeited, yet was it the car that committed the crime? Because he may be a man of some means and a property owner, does that mean he receives a more stringent sentence? Is this now about punishing a crime, or is it something more insidious, like the state claiming property that is not rightfully theirs?  

Read this next quote taken from the same article:

“The city attorney has discretion to not pursue a vehicle in cases of hardship and, in other cities, some motorists have been able to buy back the vehicles.”

So in other words, if one is poor, he has more rights and a better opportunity to retrieve his property then someone who is well off, or wealthy? I guess success means you’re screwed. This quote, in my opinion, tips off the state’s hand. More succinctly, those who make more money can just buy another vehicle, or pay ransom money for what is already theirs, but if you are poor, we will make special provisions just for you. This is socialism at its best--or worst! No longer is the state concerned about cleaning up crime; they are concerned with cleaning out the hard-earned fruits of your labor. It is about absconding with the rightful property of individuals and making it the property of the state.

Just where does all of this stop? Where does this type of abuse lead? Here is one last quote taken from the same Los Angeles Times article:

“Convinced the forfeiture idea may have other applications, the council also voted unanimously Friday to ask the city attorney to draft a law allowing the seizure of cars used by gang members in committing crimes.”

Now many might not find that offensive in and of itself, and maybe they can justify the seizure of a gang member’s car with the defense that it was purchased by illegal means, or “ill-gotten gains.” However, looking at the big picture, we could see a slippery slope developing here, one in which a myriad of offenses or perceived offenses could be justification for confiscating an individual’s property. What is to stop them?  

This latest abuse of and attack against the right of property owners only reinforces what has become epidemic within government today, the hunger and greed for the property of those who earned it, and the subjugation of the state over the individual.