What is Digg?60 Comments
- KBCraig, on 10/12/2007, -2/+46Sounds just like cash seizures: "We don't have to actually prove that you made this money from drugs. It's enough that you COULD HAVE made this money from drugs, so we're keeping it.
*F* the man, Michael Gannon. Fight for yourself. We're right behind you.
K. - inactive, on 10/12/2007, -2/+29Isn't this the home of the free-state project? Seems like they have some work to do.
- SmokedL, on 10/12/2007, -0/+25"The majority concedes that no crime or illegal act was proven, but allows the confiscation anyway by concluding that a crime might have been committed. The majority used words such as “apparently,” “likely” and “would have” to describe the alleged illegal activity."
This is what has become if the US justice system?
You are punished for a crime that you've been acquitted of? - CurtHowland, on 10/12/2007, -1/+24Indeed, so-called "police reform" is a serious matter in every state.
Something like this is actually quite easily remedied, with a simple law stating that any evidence seized will be returned. I would also like to see the seizing officer(s) personally responsible for the return of that property, or the cost of its replacement if "lost".
Then, if there is a conviction in a court of law, part of the punishment can be the explicit loss of that property. Bad guys still lose their boats and cars (and CDs).
This would prevent lots of abuse, and allow someone convicted to appeal not only their conviction, but also the loss of their property. - gcubed, on 10/12/2007, -1/+19@KBCraig You are absolutely right about the cash seizures - Here is a perfect example
http://www.npr.org/templates/story/story.php?storyId=5691887 - Teratogen, on 10/12/2007, -1/+18fire the judge.
- greymaxcat, on 10/12/2007, -4/+20But... the police are the good guys... right?
Next thing you know priests will be molesting kids...
oh... never mind... - dgoddard, on 10/12/2007, -3/+15The Free State Project is not about going to a place that is ALREADY free. If there were such a place, the Project would not be needed. Instead, it's about gathering together people willing to FIGHT for freedom in a place that already has a strong liberty culture (at least, stronger than elsewhere), and a structure of government amenable to being MADE free.
We are already scoring victories, and we've been in NH less than two years!
http://freestateblogs.net/victories06 - daggett, on 10/12/2007, -0/+12Is it me or does this sound like something you'd hear about in Russia!
What kind of *honorable* judge would support this blatant over-reaching of the law?
I hope Mike is able to fight this and he should have a LOT of support. Whoever said that this (a post somewhere above this one) deserves as much publicity as possible was right on.
And how obvious is it when Michael Gannon videos some cops acting unprofessionally and embarrassing their dept., and somehow the tape is SEIZED (on what legal basis?), no charges are brought, yet they KEEP the tapes?
Can I get a collective W-T-F ???
Did our Governor Lynch secretly get replaced with comrade Putin?
I live across the street from Mike Cohen's Record Store (Pitchfork Records) and I've known him for 20+ years. He's a good guy and doesn't deserve this (and neither does Michael Gannon. I'd LOVE to see those 'bad cop'*/tapes on YouTube!).
Someone needs to step in and correct this. That's why it's SO important to shine as much light on this [nationally] as possible. The 'Digg effect' is powerful, let's see if we can make a difference here in NH.
Who wants to live in a country/state where you fear seizure of property even though you've been found completely innocent? I wonder what Judge Broderick would do if the shoe was on the other foot?
Finally, this should be something all law-abiding Americans can agree on. After all, the next time this happens it could be YOU....
* although I totally respect 99% of cops, the 1% needs to be exposed to protect the public's trust of the honest majority. - McShaken, on 10/12/2007, -0/+11This is theft... plain and simple. They took the CDs because they were thought to be illegal. However, when it was proven not to be the case, the CDs should have been returned (in the same condition they were when confiscated). The police department should return the CDs, or pay Michael Cohen the retail value of replacing them.
Keeping the CDs should be considered theft since they rightfully belong to the defendant. - Zabbadizzat, on 10/12/2007, -0/+11My brother got busted for smuggling marijuana. He was acquitted. However, they pretty much seized everything he owned, including his car, because he may have bought them with drug money. If he wanted to get his stuff back, he'd have to go to civil court and drop another $10k on another lawyer.
This sort of thing happens all of the time. This a very profitable business for the cops. - masamunecyrus, on 10/12/2007, -1/+10Seriously, what the hell are they teaching judges nowadays? Between this and the more-than-infamous rampant liability suits....
- skyorbit, on 10/12/2007, -2/+11In spite of this, it's one of the freest states in the union. And there are lots of free staters and in state liberty lovers calling police and judges. And basically harassing them. Exposing this story nationally, will put even more pressure on the cops to do the right thing. But we do have a lot of work to do.
Tracy - Blitzenn, on 10/12/2007, -0/+9Ha! We have that beat easy here. In the last 12 months the Mayor goes to jail because FBI caught him soliciting underaged children for sexual acts on department cell phones. The Chief of Police (same city) was investigated for an unrelated problem and the feds find snowmobiles and atv's in his garage that had been reported across the county as stolen. The next Police chief (same city) is arrested for bilking the retirement fund. The next Mayor is forced out because was apparently violating the laws on his apartment rentals. The next police chief also was fired in a scandal. Just last week the police chief in the neighboring county was arrested after he retired and the funds received from the parking meters skyrocketed. They found he was taking the money for the last 30 years. if you think the police are not corrupt in this country, you are blind (and lucky). Speak out and you are likely to get arrrested for something you didn't do and find 'evidence' magically appear to support their claim and evidence that would clear you come up missing or lost. Happens more often that you want to really know.
- jefree, on 10/12/2007, -2/+11We live in a police state. Don't trust police.
- turpenine, on 10/12/2007, -0/+8imagine all the unique demos and lost stuff that is going to be destroyed.
my musicall heart is crying. - daggett, on 10/12/2007, -0/+8Mike should call the cops! oh wait.......
- hazlett, on 10/12/2007, -1/+8Be very worried. This is nothing new, of course, and many of you realize it, but we also must realize that it is only the beginning.
Remember, also, that the police are not your friend, the police are the enforcement arm of the government and as the government gets more and more corrupt, so goes its enforcement arm. - splammo, on 10/12/2007, -2/+9The funny thing is, a few years ago my friend was accused by the manager of that store of stealing cd's. The manager practically strip searched him only to find nothing. Then screamed at him and told him never to come back.
Hmmmm....
Karma.
EDIT:
Damnet. Didn't mean to Comment meant to post a new thread. - tjrc, on 10/12/2007, -0/+6Wow.
I'm an IP attorney, and I'm used to seeing hysterical mischaracterizations on blogs and digg comments; but this isn't the case here. This story actually does correctly characterize the New Hampshire Supreme Court's opinion: despite no legal finding of any wrongdoing, the guy doesn't get his property back.
The court waves its hands and refers to a bunch of in rem cases (cases where the defendant in the action is technically the property itself, not an individual) and pointing out that Cohen "concedes that an innocent party may lose his property under forfeiture statutes." But this is not, so far as I can tell, an in rem case, and those citations are all beside the point.
I'm pretty sure the supreme court is the highest court in New Hampshire (it's not in some states, like NY and NJ), so this is the end of the line for Cohen, at least as far as the state system is concerned. I suppose he could file a Fifth Amendment takings claim in federal court; I'd actually like to see him do that. The NH Supreme Court deserves a smack-down for this.
Court opinion at http://caselaw.findlaw.com/data2/newhampshirestatecases/0608/cohen094.pdf - daggett, on 10/12/2007, -0/+6This is getting too close to the 'thought police'.
We *think* you're guilty even though we can't PROVE it, so we're keeping the money because we *think* it was 'drug money'.
How freakin scary is that people? - thesparrowband, on 10/12/2007, -2/+8oh jesus, not good..
- Superthug, on 10/12/2007, -0/+6The thing with cops in NH is that you don't feel safer with them around. In a city like San Fransisco or New York, you actually feel safer, but in NH they abuse their power left and right. Mostly right. *cough*
- inactive, on 10/12/2007, -0/+5To protect and serve themselves.
- phenolholic, on 10/12/2007, -0/+4the government is the biggest mafia
- diggerbone, on 10/12/2007, -1/+5Where is this wonderfully corrupt place? Sounds like the locale of a 70's Woody Allen movie...
- inactive, on 10/12/2007, -1/+5Thanks, I was looking for that.
Why is this being modded down? The linked story is relevant here. - daggett, on 10/12/2007, -2/+6Why don't you actually FIND THAT OUT before you make asinine/juvenile judgments and post them?
You obviously think that everyone should listen to the kind of music YOU like.
I hope you outgrow that.
Wouldn't it really suck if you HAD to listen to [someone else's] favorite music instead of your own?
I guess it's hard for some people to realize that the world doesn't actually revolve around them.... - rhawk301, on 10/12/2007, -0/+4ummm, why did he consent to a search? People you DO NOT have to consent to searches. If an officer "asks" you to do anything you are not obligated to do it. If an officer tells you to do something then he most likely knows he is within his legal rights to do so. By giving police permission to do anything just invites corruption. Let them do their jobs, and we do our jobs to protect our rights.
- frostedflakes, on 10/12/2007, -0/+4Cops sell all kinds of seized things, including skateboards from "criminal" skateboarders.
- daggett, on 10/12/2007, -0/+3I believe he's the Chief Justice of the NH Supreme Court. I don't think he CAN be fired :-(
Anyway, he's so well connected here that even if he deserves it nothing would happen.
I wonder what Jeddy thinks of this..... - ktchpmn, on 10/12/2007, -0/+3Damn that's a shame, I like that record store.
- inactive, on 10/12/2007, -0/+3You put my mind at a little ease... :/
Like someone said before, this is theft. A court should not be able to keep the property of someone when the case was acquitted and the defendant found innocent. Another "if only our founding fathers have thought of this..." You can beat this would never happen if Colbert|Stewart were our presidents. I can't believe this happening right here in America, before you know it I'm going to leave to Canada, or hopley Germany. - rubored, on 10/12/2007, -0/+3***** Government.
***** RIAA.
***** Copyright.
*F* the man, Michael Gannon. Fight for yourself. We're right behind you. - mattb5, on 10/12/2007, -0/+3"I do not consent to any type of search"
http://www.youtube.com/watch?v=3NmC5wHfCdM - Sell, on 10/12/2007, -5/+7Mother ***** The Police.
- bdwoolman, on 10/12/2007, -0/+2Barney Fife... At it again.
- DjOverEZ, on 10/12/2007, -0/+2I'm from NH and our state motto is "Live free or die!" Guess the morgue is getting pretty full!
- skyorbit, on 10/12/2007, -0/+2I betcha in New York there's actually real crime for them to be prosecuting.
With the heightened gun culture and freedom in New Hampshire, it's actually one of the lowest crime states in the country. Hence in order for cops to keep their job security, they need to invent all sorts of crap. This kind of enforcement of stupid laws for job security crap happens in South Dakota too.
Tracy - thund3rstruck, on 10/12/2007, -0/+2Why is this shocking? Here in VA, when you get sent to the county jail, you get a bill for your food and "stay". You find out after you've been released that the state has taken it upon itself to go into your bank account and take it's money without any consent from you.
In fact a childhood friend of mine has since withdrawn all his money from the bank and keeps every penny he earns in a strong box.. - szelij, on 10/12/2007, -0/+2If he had the money to sue to the State supreme court, then he has the money to sue to the Federal courts. I'd say go at it.
- daggett, on 10/12/2007, -1/+2.."the fact that it is likely or apparent"...
FACT? Doesn't the word "fact" denote that it's a 'certainty' or non-disputable? The words "likely" and "apparent" are suppositions aren't they? They're more opinion, conjecture, and speculation. Definitely not FACTS. - daggett, on 10/12/2007, -0/+1phonetic...
First *****, I was [probably] *playing* rock before you were even born (1970+).
Second, where did I act like a mod? This story hits close to home and it irritates me that someones being treated this way.
Third, there was nothing 'funny' about your pissy, immature comment.
Fourth, there's a reason I don't appear to have a sense of humor... My father died recently and suddenly... Do you want to give me ***** about that too?
Finally, as far as you calling me a "little man", well, that's not true either (it IS really immature though), but I'd love to meet you in person then see if you change your mind..... :-/
EDIT: No, I don't really want that. I'd much rather be friends with people than enemies.
There's way too much hatred in this world as it is...
Have a good one, whoever you are.
- Blitzenn, on 10/12/2007, -0/+1Oswego, New York. The other Chief I mentioned was from Skaneatles New York. The Mayor I mentioned was sentenced yesterday to 2.5 years in jail, finally.
- inactive, on 10/12/2007, -0/+1I'm tired of these motherf$cking COPS on my motherf$cking CD's!!!
- rakslice, on 10/12/2007, -1/+1'In other news, New Hampshire has changed its state motto to "Live Free or in New Hampshire"...'
- qwertywatcher, on 10/12/2007, -1/+1God im so happy im a Spaniard and not living in the land of the "free"
- Jerichop, on 10/12/2007, -0/+0Am I in Animal Farm??? We're all guilty untill proven innocent...
- vguard, on 10/12/2007, -0/+0The smart crooks JOIN the police force...
- phonetik, on 10/12/2007, -1/+1@daggett:
Or maybe you need to find a bit of a sense of humor. I was obviously joking around...or maybe I need to be a bit more obvious.
So why don't you relax a little and stop playing mod without a cause here k?
Or wait, you're and indie rock fan with the spiky sloppy haircut, suspenders and tight jeans and Simple brand shoes...amirite?
Relax a little man, I'm not saying my view on music is the only way to go, but to be honest man, you sound a little more juvenile then I did in my post, at least there was some humor in mine. -
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