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enter image description here

This image is going around Facebook, and reads (emphasis original):

Pimps wear lots of gold jewelry bought at pawn shops to "re-pawn" for bail money since cash is confiscated upon arrest but jewelry is not.

I question the claim that cash is confiscated upon arrest. Is this true under normal circumstances?

The image doesn't mention a jurisdiction, but I'm assuming from the context that it's probably talking about (at least) the United States. Realizing that is still a very large and varied area, lets just focus on whether cash is automatically confiscated upon arrest of anyone charged with sex trafficking (or similar charges) in any US jurisdiction.

Avery
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Flimzy
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  • The photo reinforces the stereotype of the black blingy pimp. A better source (ironically with the same photo): https://maggiemcneill.wordpress.com/2011/10/24/october-q-a/#pimps – Benjol Jan 22 '15 at 08:19

1 Answers1

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It's rather common, yes, if we are to believe the idea of Asset forfeiture. http://en.wikipedia.org/wiki/Asset_forfeiture

This applies, but is not limited, to terrorist activities, drug related crimes, and other criminal and even civil offenses. ... The purpose of asset forfeiture is to disrupt criminal activity by confiscating assets that potentially could have been beneficial to the individual or organization.

It may not apply to all states, but it happens. Also, it may not be "automatic", because the cops can choose not to enforce it. But regarding sex trafficking, where money is the core reason, cash is almost guaranteed to be confiscated as it's earned in illegal matters. Again, though, it may depend on state/where you live.

This also leaves the image to be false, as cops seem to be able to confiscate almost anything, including jewelry.

Federal and most state laws allow both civil and criminal asset forfeitures. In civil asset forfeiture, action is taken against a person’s property or assets, not against an individual. A person’s property is the target of the legal proceeding, and the owner is secondary. The owner does not have to be arrested or convicted of a crime to have his property taken. By contrast, criminal forfeitures occur against a person after conviction for an underlying criminal offense.

Quote source: http://www.ij.org/part-i-policing-for-profit

Additional sources I found regarding this:

http://jalopnik.com/5913416/cops-can-confiscate-money-and-property-from-law-abiding-citizens

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    Wouldn't this also apply to gold jewelry, though? – ChrisInEdmonton Jan 21 '15 at 15:01
  • Gold jewelry is still jewelry. Cops aren't dumb, and it's far from uncommon that people pawn stuff to get cash for drugs or gambling for example. – Sharain Jan 21 '15 at 15:19
  • This is right, http://www.washingtonpost.com/sf/investigative/2014/10/11/cash-seizures-fuel-police-spending/ police departments makes thousands of dollars of asset forfeiture each year. this includes things like houses, so im sure jewelery could be confiscated as well. you then have to go to court and prove that your possession was innocent to get it back, because possessions are guilty until proven innocent in american law. however, its harder to justify taking something like a house, or jewelry then it is to just take the cash. – Himarm Jan 21 '15 at 16:24
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    Asset forfeiture certainly exists, but is it routinely enforced against most people who are arrested? That seems to be the sort of thing that's claimed. – Nate Eldredge Jan 21 '15 at 16:46
  • @NateEldredge He answered that question - it's legal to do so, but not always enforced. And individual State laws can sometimes invalidate the legality of certain types of forfeiture. – Zibbobz Jan 21 '15 at 18:51
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    It would not surprise me if jewelry was easier to recover. Cash, it's very hard to prove that you didn't use it in a drug deal. Ditto with the house you're living in or your car. Jewelry, on the other hand, tends to be fairly unique and distinctive and aren't directly related to the crime. While it's getting into speculation, I also wouldn't be surprised if it was easier for the person taking your personal effects to convincingly state you only had $5 in your wallet than to make a carved ring disappear off the records. – Sean Duggan Jan 21 '15 at 19:15
  • Here are [several news stories](https://www.google.com/search?q=Asset+forfeiture+bail&gws_rd=ssl) of police seizing cash brought for bail. – ChrisW Jan 22 '15 at 07:03
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    Note that this isn't talking about arrests in general, but pimps. Any money they have is likely ill-gotten gains and subject to forfeiture. – Loren Pechtel Jan 23 '15 at 01:18
  • pimping aint easy. they work hard for that money. – Himarm Jan 23 '15 at 22:51
  • [land of the free](http://edition.cnn.com/2014/09/03/us/philadelphia-drug-bust-house-seizure/) – dav1dsm1th Jan 27 '15 at 22:39