The American Freedom Network

The New Robber Barons

Many of learned about the ‘robber barons’ of medieval times, who would waylay travelers passing by their castles for taxes, tribute or plunder [the differences are in the eyes of the beholder] before letting them go on their way.  The term resurfaced again in our 19th century, as a reference to the industrialists who sought, and sometimes achieved, monopoly or syndicate control over certain industries.  Although the appellation was of their enemies’ choosing, it reflected an ability to abuse power to exact above [free] market prices for their goods and services from all who did business with them.

Today, as we descend into another dark age, the robber barons return.  Unlike their 19th century namesakes, one cannot escape these latter-day ‘Robin Hoods,’ if, unlike the hero of Merry England, he’s actually the Sheriff of Nottingham, or, say, Saginaw County, Michigan. The good Sheriff there seized flashy cars from drug dealers and then uses them, marked as seized property, for law enforcement.  If the cars were forfeited ,after due process of law, as punishment for a crime, that would be one thing:  What is implied here is that it was seized through a heinous process known as ‘civil forfeiture,’ whereby the executive Branch, a.k.a. law enforcement, also becomes the de facto Judicial Branch, sitting in judgement, taking without trial or conviction from the accused, because they deem them guilty.  [Note:  Your property can be seized, and does not have to be returned, even if no charges are ever filed.]  This in no way is meant to defend drug dealers, pimps, or others engaged in criminal activity; it is meant to protest the flagrant violation of core Anglo-American judicial principles.  We are innocent unless proven guilty, beyond a reasonable doubt, in a court of law, before a jury of our peers.  Our goods can not be seized unless a warrant has been issued by a judge describing what is to be seized, and then only upon presentation to the judge in question of evidence of probable cause of a criminal act having been committed.  This is American Government 101.  It is also [or should be] Government 101 to know, per Ex Parte Milligan, that the Constitution is always in force, everywhere in america, for as long as the courts are in session – i.e., unless invasion or insurrection close them by force.  This is not the case, and has not been, except within the territory controlled by the Confederate States of America during the Civil War.  Therefore, civil forfeiture is clearly unAmerican, regardless of the intentions of those who practice it.  (And isn’t it nice to have all that seized property and ‘drug money’ that you don’t have to ask the legislature or the voters for, the times being what they are?)

If you aren’t concerned about the fate of actual or alleged drug dealers becoming yours, perhaps you should be concerned about another form of literal highway robbery:  Ohio’s Supreme Court decided that an officer’s judgement that you are speeding is sufficient to convict, without the need for other proof – radar, in other words.  Now it stands to reason that an experienced state trooper can estimate a car’s speed, and if a motorist is going 100 miles an hour, most of us would know that he was speeding, too.  To issue a ticket, carrying a fine, with implications for higher insurance premiums, is another mater, especially if the infraction is another thing. If a trooper’s word, without check, balance, or recourse, is sufficient to ticket, it invites abuse.  Cash-strapped police departments should not have to face this temptation.  [Accepting GPS data might be a valid way for courts to provide balance here, but not everyone has GPS in their car, so this would be an imperfect countermeasure.]

Virginia has gotten into the act, too.  They hunt motorists with admitted revenue-raising operations like ‘Operation, Air, Land and Speed.’ 15 miles over the speed limit now equals ‘reckless driving,’ and carries a $2,500 fine.  [Your insurance company will doubtless add to your financial woes, once they find out.]  California has ‘Sobriety Checkpoints‘ that serve as revenue-generators.  A 1990 Rhenquist Court decision [MichiganDept. of  State Polics v. Sitz] held that being stopped for no reason whatsoever, except that you happen to be on a road where a ‘sobriety checkpoint’ is operating, is not ‘unreasonable search and seizure.’  Bunk.  it’s un-American on it’s face!

What can be done to combat this rash of governmental knavery?  Educate yourself.  Support elected officials who expose abuses like these and propose solutions. One such politician is Michigan State Representative Rick Jones, an ex-Eaton County Sheriff, who introduced legislation to outlaw ‘speed traps,’ by requiring municipalities to adhere to state guidance in setting speed limits.  The bills would make local governments comply with 1985 legislation, and would help police officers avoid being used as unwilling tax collectors.  [Many officers would rather not write 'gotcha' tickets; they got into law enforcement to do better and nobler things.]

a little public pressure can go a long way.  the bills, which have not yet become law, have caused Lansing’s municipal government [Mayor, Virg Bernero is, incidentally, a candidate for Governor] to back off on his speed traps.  A small victory in a large war for our liberties, but an example and an encouragement, nonetheless.