The Matt Walsh Show - Ep. 1856 - DEEP DIVE: How "Civil Asset Forfeiture" Is Robbing Americans Blind
Episode Date: October 14, 2026An Alaskan pilot has gone all the way to the supreme court after law enforcement took his plane and livelihood under "Criminal Asset Forfeiture." Ep. 1856 - - - Today's Sponsors: Grand Can...yon University - They say higher education is outdated. Irrelevant. But Grand Canyon University doesn’t settle for the status quo—they shatter it. GCU’s accredited MBA program is 100% online and designed to shape leaders through servant leadership. Turn your passion into a business that serves your community. This is purpose-driven education. Visit https://GCU.edu. One Nation America - Making your voice heard is easier than ever. You can get election reminders, look up your polling location, and pick a date to vote early. Go to https://GOPVotes.org today. Paid for by SLF PAC. Not authorized by any candidate or candidate’s committee. - - - DailyWire: Become a Daily Wire Member and watch all of our content ad-free: https://dailywire.com/subscribe 🇺🇸 Get 3-Months of DailyWire for just $17.76 📜 🍿 Watch Run Hide Fight: Infidels https://www.dailywire.com/videos/run-hide-fight-infidels 📲 Download the free Daily Wire app today on iPhone, Android, Roku, Apple TV, Samsung, and more. 📜 Real History with Matt Walsh is available ad-free, exclusively on DailyWire+ https://dwplus.watch/RealHistory 👕 Get your Matt Walsh flannel here: https://dwplus.shop/MattWalshMerch - - - Socials: YouTube — https://youtube.com/@mattwalsh Facebook — https://www.facebook.com/mattwalshblog Instagram — https://www.instagram.com/mattwalshblog TikTok — https://www.tiktok.com/@mattwalsh_ X — https://twitter.com/mattwalshblog - - - Privacy Policy: https://www.dailywire.com/privacy Learn more about your ad choices. Visit podcastchoices.com/adchoices
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Tax relief advocates, real solutions for real people. We've covered our fair share of extraordinary
injustices on this show. But aside from the scenarios where people die,
horrible deaths, nothing comes close to the sheer unbelievable insanity of the absolute mockery of
justice that we're about to talk about. So this is a story that has obvious ramifications for your
rights to own private property, which is among the most important rights that you have.
And because it's about to go to the Supreme Court, you need to know about it. So we'll talk about
today. In April of 2012, an Air Force veteran named Kenneth Juppie, who was in his late 60s at the time,
was running an air taxi company in Alaska called Kenair LLC.
He made his living by transporting food and supplies to remote areas of the state,
as well as by ferrying tourists and other visitors around.
And on this particular occasion, a woman chartered his services to fly from Fairbanks to Beaver,
where she planned to celebrate her husband's birthday.
It's a journey of a little over 100 miles.
It typically takes around 45 minutes to complete because there's no road linking Fairbanks
and Beaver. The only alternatives to flying are taking a boat via the Yukon River, if it's
summertime, or dog sledding in the winter. So the woman hired Jupi to fly her to Beaver in a
1969 Cessna 206 airplane, which he owned. So it was a routine job, but everything changed for
Kenneth when the Alaska state troopers decided to search his plane before takeoff. During the
inspection, the authorities discovered to their horror that there were three cases of beer,
72 beers in total, in the plains cargo.
That was a problem because Beaver is a so-called dry village, meaning it's illegal to purchase
or even possess alcohol there.
And under Alaska law, if you attempt to transport alcohol into a dry village like Beaver,
you're committing a crime, even if the alcohol never gets there.
And there were some dispute about whether he was even aware of the fact that there was alcohol in his plane, according to the government's version of events.
One six-pack of beer was packed on a grocery bag and would have been visible in plain view as Jupi was loading the plane.
But according to him, the beers were packed and closed boxes and he never opened the boxes at any point.
Unfortunately, though, for him, a state trooper testified that he saw Jupi opening and closing the boxes while loading the plane.
and therefore the jury convicted him of the heinous crime of attempting to knowingly send transport
or bring less than 12 gallons of malt beverage into the village of Beaver.
Even though the beer never actually made it to Beaver, he was charged with attempting to facilitate
the transportation of the alcohol into this sacred town, and that's all it took.
As punishment, he was sentenced to 180 days in jail, with 177 days suspended, as well as a
$3,000 fine with $1,500 suspended. He was also put on probation for three years.
Meanwhile, though, his company was hit with a $10,000 fine with $8,500 suspended, and you would think
that that would be enough, but it's actually more than enough for the minor violation that was
committed. But the court didn't stop there. And this is where the story takes a very sharp turn
into the absurd. Jupy and his company were also ordered to forfeit the airplane that was supposedly
used in the commission of this offense. That's because in Alaska there's a law that requires the
forfeiture of any plane that's used in the commission of this particular crime. Now, for some reason,
boats get more protections than planes under this law, but not sure why that is, but that's the way it is.
So his airplane, which was valued at over $95,000, and which he depended on for his livelihood,
of course, was seized by the state. The police department wanted a new aircraft, I guess,
and so they just took his plane.
And meanwhile, Jupi would have to find another airplane.
His company only had one other plane,
so this was like stealing a man's horse in the desert.
You know, it's exactly the kind of cruel and unusual punishment
the Constitution prohibits.
Unfortunately, in this case, the plane was returned into it to him
while the proceedings were playing out,
but that's not always what happens in these kinds of cases.
So here's Jupi now, 83 years old,
explaining what happened in his own words.
This is from the Alaska news source.
Listen.
But the whole case hens around a six-pack of beer.
They found me guilty and fined me $1,500 and three days in jail.
And so, and they took my airplane.
So a low misdemeanor was, which clearly imagine,
maximum $10,000 fine.
You know, it cost me an airplane worth almost at that time, almost $100,000.
So, but the whole thing hinges around that six-pack of beer.
It was my intention to fight the thing to the very end until there was no fight left.
And I was aware of the Institute for Justice, and I contacted them, and they decided to take me and represent me in the U.S. Supreme Court.
And so they're very good attorneys, very good people.
And so that's where we are now.
It's important to me.
You know, I just don't want to give up,
but I don't want to be falsely accused of something.
And there's a lot of inconsistencies in this thing.
I'm not going to go into that.
But at this point, it's not only me, but it's the whole country.
You know, there have been a lot of abuses of this.
excessive fines and forfeitures over the years.
And it's time to kind of put a stop to it.
And so I'm not doing this for me personally now.
I'm doing it for the country, actually, is the way I feel.
And this will affect every law enforcement agency in the country.
They've abused that power for a lot of
years now and it's just getting worse and worse. So if I can do that, that's all have done my job.
So as you heard, he appealed all the way to the Supreme Court of Alaska because we still have
something called the Constitution in this country last I checked. And according to the Constitution,
quote, excessive bail shall not be required nor excessive fines imposed nor cruel and unusual
punishments inflicted. This prohibition is also applied to the states under the 14th Amendment.
And by any rational definition, the seizure of $95,000 worth of personal property, especially for a fake crime like this, is clearly an excessive fine. It's a punitive measure to seize property because of a criminal act.
And as Jupy just said, the maximum fine under Alaska law for transporting alcohol into a dry town like Beaver is only $10,000.
But in this case, the government was getting nearly 10 times what that fine was supposed to be.
Nevertheless, in the single worst court decision that we've read recently, even worse than
many of the things Contagia Brown Jackson has produced, the Alaska Supreme Court upheld the
seizure of the airplane.
The court found that it was not an excessive fine to steal this guy's $95,000 airplane
because he transported a few beers that didn't even belong to him.
This is one of those rulings where even if you don't have a law degree and even if you can't
read the English language, you know it's absurd on its face, but we'll go through
anyway because it's truly a monument to human stupidity, and it marks an evolution in the government's
ability to steal your property, at least for the moment. The Alaska Supreme Court began by
talking about a 1998 Supreme Court case where a guy tried to fly out of LAX bound for Cyprus
with $350,000 in cash. And he didn't declare any of it, even though he was supposed to fill out a form
indicating that he had more than $10,000. And as a result, the government seized all of his money,
even though they had no proof that any of it was involved in criminal activity. In fact, they acknowledged that it wasn't. In a five to four ruling with the majority opinion written by Clarence Thomas, the Supreme Court gave the guy's money back. They determined that under the Constitution. It was a violation of the Eighth Amendment to effectively fine someone $350,000 for such a minor offense. It was a pretty straightforward ruling. And that logic naturally should apply to the case involving this Alaska pilot and his beard.
It wasn't even his beer, but and the plane.
And the Alaska Supreme Court, though, disagreed.
They said that he had done something far more serious than the guy who boarded the plane from LAX.
This is a direct quote from the decision of the Alaska Supreme Court.
While Jupy was convicted of only one instance of alcohol importation unconnected to other criminal activity,
the nature and extent of the crime is more serious.
He knowingly transported a six-pack of alcohol in plain view.
while acting in his professional capacity as the operator of an air taxi company and the pilot of the airplane.
This factor suggests the forfeiture of his airplane is not grossly disproportional.
So in the view of the Alaska Supreme Court, if you're a Bush pilot who's transporting some woman's groceries,
and those groceries include some beer, then you're engaging in downright dastardly behavior.
You're basically a hardened criminal, and they've every right to throw the book at you.
Now, in their opinion, it's much more serious to have beer in your plane's cargo than it is to leave L-A-X with $350,000 in undeclared cash.
Now, of course, this is totally backwards.
The guy who's flying to Cyprus with 350 grand in cash, if we're being honest, is a much more likely candidate to be some kind of drug dealer or some terrorist or criminal or something as compared to the Bush pilot with some beer on board.
That's not to say the government has any right to take the $350,000, but just as a matter of common sense, someone transporting that kind of money could theoretically be engaged in some kind of hardcore criminal activity, at least hypothetically.
The beer, on the other hand, well, that's about as mundane as it gets.
You know, there are people in Alaska who drink 18 beers a day and don't think anything of it, especially if you live out in the middle of nowhere in Alaska. What else is there to do?
To be clear, there's no allegation that the pilot was drinking or anything like that. He's just carrying the cargo.
but to the Alaska Supreme Court, that's somehow a very big deal.
And in their opinion, the judges on this court make it clear that they're deferring to the elected officials in Alaska
who have apparently determined that alcohol consumption is a plague on the state.
Again, this is from the court's ruling.
Quote, the nature and extent of harm caused by Juppie's illegal alcohol smuggling is far greater.
Alcohol abuse in rural Alaska leads to increased crime disorders such as alcoholism,
conditions such as fetal alcohol spectrum disorder and death imposing substantial costs on public health and the administration of justice.
Within this context, it is clear that the illegal importation of even a six-pack of beer causes grave societal harm.
This factor strongly suggests that the forfeiture is not grossly disproportional.
Taking into consideration all the factors discussed above, we conclude that the forfeiture of Juppie's airplane is not grossly disproportional to the gravity of his offense.
I'd say six-pack. A six-pack arriving in a town is going to cause grave societal harm.
Social order will break down because of a six-pack of, you know, Heineken or something.
I don't know what kind of beer was.
So notice what's happening here. They're identifying all kinds of problems that are caused by alcohol consumption in aggregate across the entire state, and they're acting like this one guy is responsible for all of it.
If that were the case, then, you know, maybe I could see an argument for taking his plane.
And if he was single-handedly responsible for all the alcoholism and fetal alcohol syndrome and DUIs and domestic abuse in the entire state, then sure, take his plane.
But in reality, he's not actually responsible for any of that.
This is no different from taking someone's car when they go five miles over the speed limit on the grounds that 40,000 people die in car accidents every year.
It's completely ridiculous.
It's like reverse collective punishment.
They're going after one guy as if he's somehow caught.
the actions of millions of other people.
That's not to downplay the idea that alcohol can cause problems, big problems sometimes,
but in general there's a genuine hysteria about alcohol that's taken hold in parts of this
country, which we've talked about before on the show.
In the span of about five years, the experts went from telling us that red wine will,
you know, save our lives or at least make us healthier, to telling us that a single
drop of alcohol will increase our risk of cancer.
there's no safe amount.
It's incoherent.
We also talked about the book
The Alcoholic Republic
and the central role
that alcohol played
in the colonization of America
and the founding of the United States.
Simply a historical fact
that when our country was doing well,
people were not deathly afraid of alcohol.
So that's something for the town of Beaver
to consider, I suppose.
In any event, whatever you think
about the modern day prohibition
that towns like Beaver have enacted,
there's no reason to destroy
this pilot's livelihood over.
it. The logic on display here contradicts many different cases from around the country,
including Tims v. Indiana, which was decided just a few years ago. In that case, the state of
Indiana tried to seize someone's $42,000 land rover SUV saying it was used to transport heroin.
The guy purchased the car legally with funds that he acquired legitimately, but ultimately the Indiana
Supreme Court ruled that it would be grossly excessive to seize the car, even though it was used to
transport heroin since the car costs $42,000 and the maximum fine under the law was just $10,000.
But in Alaska, they're doing things very differently. And now a group called the Institute for Justice
is representing the pilot. Supreme Court has just agreed to hear the case. The Institute for Justice,
by the way, also says that it's in the process of appealing a $437,000 fine. The IRS imposed on a
retired professor for failing to file a one-page form informing the agency of his legal foreign bank
account. So they're doing the Lord's work as far as I'm concerned. And with this case, they have a
real opportunity to change the law on these asset seizures. You know, the government simply cannot be
allowed to take your property without any justification whatsoever. That's what the government has
been doing all over the country for a very long time. As the pilot put it, quote, I'm thrilled that the
U.S. Supreme Court has agreed to hear this case because this case isn't just about me or my airplane
anymore. I'm in my 80s now. I've been fighting this for over a decade because I see it as my duty
to ensure that the Bill of Rights actually means something in protecting against government
overreach. So to be clear about this, the case in Alaska is about criminal asset forfeiture,
which is to say the government taking your property after you've been convicted of a crime.
But the Supreme Court's ruling in this case also has implications for civil asset forfeiture,
which is a concept that maybe you've heard about. John Oliver did a viral show about it, a little over a
decade ago. In civil asset forfeiture, the government doesn't even need to secure a criminal
conviction. In fact, it doesn't even matter if you've done anything wrong at all. Instead, the government
can sue your property directly if there's reason to believe that it was involved in criminal activity.
This is called an in-REM action. The burden of proof in these civil cases in federal courts is called
the preponderance of evidence. Sometimes the states have established their own standards, but that's
generally how it goes. And this means that the government must demonstrate a 50 percent
or greater likelihood, so let's call it 51%, that your property is substantially connected
with some criminal activity, meaning it was used to facilitate that activity. So the normal
standard of beyond a reasonable doubt, which applies during criminal trials, is not relevant
here. It's a very relaxed standard, and the government takes advantage of it all the time.
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location, and pick a date to vote early. Go to gopvotes.org today paid for by SLF PAC,
not authorized by any candidate or candidates committee. There was a case out of Michigan where a woman
lost her car because her husband hired a prostitute while he was driving it, even though the woman
had no idea he was doing that. There was another case out of Massachusetts where the government
tried to confiscate an entire hotel because some of the guests were selling drugs, although
that particular attempt failed because the hotel didn't really facilitate the crimes.
There was a famous case along these lines in 2008 called United States v. approximately 64,695
pounds of shark fins. Yes, those were the two parties in the case. So one party was the
United States, and the other party was approximately 64,695 pounds of shark fins.
The case was based on a situation developed off the coast of Guatemala in 2002.
When the Coast Guard stopped a U.S. flagged vessel, the Coast Guard found the shark fins on the ship,
even though there were no shark carcasses to go along with the fins.
And it soon became clear the vessel was buying shark fins from various fishing vessels,
presumably so that they could use the fins to make shark fin soup, which is apparently a delicacy
in some parts of the world. The problem is that under the very specific law called the Shark Finning
Prohibition Act, it's illegal for fishing vessels to buy shark fins in that way. So the Coast Guard
simply took the shark fins. In case you're curious, the seizure was eventually overturned because the
vessel was determined not to be a fishing vessel within the meaning of the law. But even when you
eventually get your property back. It could take a very long time. Here's another one from a few years ago.
The U.S. Supreme Court will now consider a case that involves civil asset forfeiture in Alabama.
The state seized a woman's car after her son was arrested for marijuana possession during a
traffic stop in Mobile County, and it took almost two years for the woman to get her car back.
The question before the Supreme Court, should there be a probable cause hearing prior to the state,
seizing your property.
On February 17, 2019, Setsuma police pulled Tayjohn Cully over on I-65 and arrested him for
possession of marijuana and drug paraphernalia.
Ten days later, the state filed this complaint, seeking to seize the 9-millimeter gun he had
on him during the stop and the Nissan Ultima he was driving.
Even though, according to the state's own complaint, the car belonged to his mother, Halima Cully,
who was not charged with a crime.
20 months later, Judge Young Peter ordered the state return the car to her.
That's crazy.
Dom Soto is a defense attorney who did not represent Cully, but says the state overuses its ability to seize property connected to crimes before anyone is found guilty.
Well, the problem with that is a, is pre-trial taking, you know.
It gets all involved in an excessive fines. There's a $15,000 car.
Sometimes they take people's homes.
So the reason this woman was eventually able to get her car back, even though it was technically involved in the commission of a crime, is the innocent owner defense, which many states have. And the idea is that she owned the car, and she had no idea that it was it was being used to commit a crime, but it took her nearly two years to get her car back. And the Supreme Court eventually ruled that there was no problem with this delay. So you didn't commit any crime, but the police can take your car for nearly two years anyway.
The court ruled that you're entitled to a timely final forfeiture hearing when the police take your stuff,
but you're not entitled to separate preliminary retention hearing to determine whether the police can hold on to your car in the meantime while the process plays out.
This is the power of civil asset forfeiture. It's prone to all kinds of abuse. It has indeed been abused many, many times.
Now, it's not to say that civil asset forfeiture is the worst thing in the world. It's used to seize assets from gangs and terrorists.
even where a criminal case would be difficult or impossible to build.
I mean, if the police discover an abandoned vehicle with drugs in it near the Mexican border,
obviously they should be able to seize it.
So there's some nuance here that gets lost,
but the guardrails have been non-existent in recent years,
which is why this pilot in Alaska lost its plane.
Again, yes, that was criminal asset forfeiture, not civil,
but both criminal and civil asset forfeiture are subject to the Eighth Amendment
when the forfeiture is punitive,
which is to say when it's intended for the purpose of punishing someone.
Under our Constitution, the government can't use any kind of forfeiture to exact an excessive fine.
And with this case out of Alaska, the Supreme Court has the opportunity to establish some clear, bright line rules on where the boundaries are when it comes to determining what fines are considered excessive.
According to the decision by the Alaska Supreme Court, it's not excessive to take someone's plane away for transporting a few beers because,
Because in aggregate, alcohol causes mass casualties and despair and whatever.
And if that's the standard, then it applies to civil asset forfeitures as well.
But the Supreme Court can and should shut down this standard, which is totally ridiculous.
When you're determining what kind of punishment to give someone, you should only look at what the person actually did without holding them responsible for every other crime that's tangentially related.
and that was committed by millions of other people who have nothing to do with you.
If the Supreme Court sets this standard, then it will apply to both civil and criminal asset forfeiture.
It will end some of the worst abuses of civil asset forfeiture, which have attracted a lot of attention over the past decade and for good reason.
Already we've seen a lot of progress in this regard.
This is from Reuters back in 2024.
The U.S. Deputy Attorney General has suspended a controversial civil asset forfeiture program by the DEA
that targeted unsuspecting airline passage.
and subjected them to potentially unlawful seizures of cash from their bags.
And one such example, a DEA office tapped an airline employee as a confidential source
who tipped off agents anytime a passenger purchased a plane ticket within 48 hours of departure.
Agents would use that last-minute purchase as a justification to then approach those passengers
and try to get the passengers to agree to let them search their bags.
In cases where the agents searched and seized cash, the confidential source received a cut of the
proceeds from the seizure. This program, which is ridiculously corrupt, was terminated completely.
On one hand, you can argue that it's reasonable for the government to subject passengers,
texture screening if they buy a ticket within 48 hours of departure or pay and cash or something
like that, maybe. But this program was very different. What's happening here is that after
passengers go through security, the DA is dragging them off of their flights, potentially
making them miss the flight unless they agree to waive their rights and have their property
search. And they're not even looking for drugs or bombs for the most part. They're looking for
cash to confiscate. In practice, here's what this looks like. This was obtained by the same
Institute for Justice I mentioned earlier. The DEA was tipped off by an informant, and they're
looking for cash to confiscate. And here's how that goes. Watch.
Set your bag down and then you can walk on the plane. You can do that. You're not with the
Let me call it, I've seen these like videos.
I'm the, I'm the DEA.
I'm the government.
That's great.
Do you have legal ability to search?
Yes, yes, yeah.
I was in Cincinnati on a business trip,
and I got sick the prior night,
so I had to rebook my flight to a last minute flight back to New York.
He had basically just asked me for ID and to search,
if he could search my bags.
And when I started to client, he pulled out his badge
and said that he was with the DEA.
I'd almost imagine that this had to be some kind of mix up.
Oh, that's my.
Where's your bag in?
I don't consent to search, sir.
You don't have to consent.
Where's your backpack in?
And so I thought the plane was going to take off,
because we were well past the kind of gate closing time
at the time he boarded.
You want to watch the dog?
Yes, please.
I would like to watch the dog.
And then come out.
Up to you, man.
Well, I followed him off the plane because he had my backpack,
and I wasn't going to leave an airport with my work laptop,
my passport, a lot of my documentation from work, and so I didn't have a choice.
The agent again insists that he does not need David's consent to take his bag.
But without probable cause of a crime, DEA agents cannot seize your belongings against your will,
period.
Okay, so when you buy a last minute ticket, we get alerts.
We come out to any and all flights, it doesn't matter who you are, race, sex, nothing, right?
We come out and we talk to those people, which I've tried to do to you, but you wouldn't allow me to do it.
Am I under suspicion of a crime right now?
Do you have probable cause?
So, we have a lot of money and drugs going out of every airport to New York.
Okay.
It's an influx of it.
Okay.
So that's my...
Am I being suspected of a crime?
I just want to speak about it.
I don't know.
Do you have probable cause for a search?
I have probable cause for a dog to walk up to smell your bag, yes.
Like, I'm going to have my lawyers are going to be taking this up with you.
You didn't take your bag off like I asked you to?
I don't have to.
I don't ask you to.
I don't have to.
I asked you if I was being detained and I can walk with not.
You can.
I have followed the Constitution very vaguely.
I asked you to put your bag now.
You don't have rights to my bag.
I don't know who you are.
So the DEA agent without any probable cause has now seized this guy's property without his consent.
He tries to claim that he has probable cause because the passenger didn't immediately surrender his bag
and because airports are used for drug activity and because the guy bought the ticket within 48 hours of departure.
But that's not remotely sufficient for probable cause and the passenger knows it.
So to end this standoff and to generate probable cause, the DEA brings in a dog.
And based on the footage, it looks like they signaled the dog to alert on the bag.
Watch this closely here.
So I was waiting by the Jeopardage for about five minutes.
And I remember seeing the dog handler pop up through one of the kind of airport gates.
And at first, you know, he pointed the dog towards my bag.
And the dog took a spell and just ran straight past it.
A few seconds later, he started, you know, clicking his finger.
and the dog dogs are coming back and I saw him basically gesture at my bag.
Here, okay.
Bro.
Oh, boy.
You see that?
You got it recorded.
Don't edit that part out of the video either.
You're working on your bag.
Okay.
Now this is your legal right.
You can allow us to look at it or you can tell me no and we'll write it if we can write a search one.
We can apply for one.
I don't know if we get one or not, but we'll apply for one.
I don't consent to be searched.
So you don't want us to search your bag either?
Don't consent to be searched.
Okay.
All right.
We got to take your bag back.
So do you want to sit with us with the PD
while we try to get a warrant on your bag today?
What do you want to do?
I don't consent to do this, sir.
I'm sorry.
With the questionable dog alert, the agent now
claims that he can easily get a warrant to search the bag.
David continues to refuse to consent to a search.
We know or while we know what we're doing out here
and what we can and cannot do it.
It's a piece of paper that will literally stay with us.
It just says that you're allowing us to search it.
If you want to sign your name that says that we can search it,
which I don't know why it's so difficult.
We'll search it if not, or get it.
The same thing I just toyed in my hair, you know,
think about it for a minute.
I know you're irritated.
I have a feeling.
I know you're annoyed, and I'm annoyed too,
that you cause such a scene for something so silly.
The law actually doesn't distinguish
from bodily property.
You know, I'm being detained now because my bag is
taking property for it.
You're not out in the public, you're in an airport.
This is a public area for what it's worth.
Your bags are not, they're different than your personal.
Okay.
There's a difference.
Now, I'm sure there are some canine handlers and police officers who are watching the show right now,
and they'll have feedback on whether this look like an appropriate way to handle the situation or not.
But from what I understand, the appropriate procedure is for the handler to walk the dog around the general area of the object.
In this case, that's what happened initially, and the dog walked past the object without alerting.
Then the handler pointed directly at the bag while making some kind of noise,
with his mouth, a kissy noise, as they described it. And at that point, the dog alerted on the bag.
It looks like a very unscientific, fraudulent process, and it's confusing as well, because,
as you heard, the DEA agents tell the guy to record the dog with their phone. They don't see any
problem with what they did. They seem to convince that based on this dog's behavior, which seems
designed to appease his handler, more than anything else, that they can easily get a judge to sign a
search warrant for the bag. And in the meantime, this guy will miss his flight.
It's enough to make you think all these drug-sniffing dog tests should be banned completely since it's easy to abuse, at least the ones that are in the airport, I mean, especially if someone isn't recording with the video. They're like lie detector tests. They're simply no way to tell if the handler is sending some kind of coded message to the dog. It reminds me of the story of clever hands, a German horse who made the rounds in the early 20th century impressing everybody with his ability to do arithmetic.
So, you know, they might ask the horse what's three times two, and the horse would tap its hooves six times, and the crowd would go wild.
It's a little bit of like a Charlotte's Web thing, but with a horse.
A government commission apparently investigated this and couldn't discover any fraud.
And even when the horse was separated from his handler and someone else was asking the question, the horse got the question right.
But it turns out, of course, that the horse was simply reading body language.
If the handler didn't know the right answer, if the horse couldn't see the handler, the horse would get almost every question wrong.
Its accuracy rate would drop from 89% to around 6%.
So the horse was paying very close attention to the handler's body language and the reaction of the crowd, which would relax when, you know, he got the right number of hoof stomps.
So that's all it was.
Still a really smart horse, though.
We'll give them that.
The drug-detecting dogs can work the same way.
You know, I'm not denying that these dogs can be accurate, but if the handlers want to use the dog as a pretext to conduct a search,
If they want the dog to alert, that's very easy to engineer to get the dog to comply,
and that's what we're seeing here.
How often does that happen?
How often does it happen in airports?
One of the problems with asset forfeiture in practice is that it leads to these kinds of abuses.
When the government invokes this doctrine, some very absurd scenarios can result.
People lose their airplane over some beer.
And in other cases, people get pulled off airplanes because they bought their time.
ticket at the last minute and the ticket agents want a cut of any cash they might be carrying.
The incentive structure is perverse at a fundamental level. It's stacked in favor of the
government's right to take your property when the balance of power under our Constitution
should be on your side. And the fact that we're seeing this abuse of power in Alaska to
punish a guy for transporting some beer is insane. This is a news report from the 1980s where people
reacted to laws against drinking while driving? Watch.
Any attempt to restrict drinking and driving here is viewed by some as downright undemocratic.
It's kind of getting common when a fellow can't put in the hard day's work, put in 11, 12 hours a day,
and then getting your truck, and the lease around one or two beers.
They're making it laws where you can't drink when you want to.
You have to wear a seatbelt when you're driving.
Pretty soon we're going to be calm in this country.
People used to think that DUI laws were anti-American.
And they reacted the same way, by the way, to seatbelt laws.
And now they'll take away everything you own in Alaska if you're caught anywhere near a sealed case of beer.
That's 40 years of progress for you in one video.
People used to have a much more expansive views, a view of their own freedom, much more expansive.
And in turn, at least nominally, the government used to respect your property rights.
to some degree because they had to.
But they just don't anymore.
This is a problem that's persisted for a very long time.
And now after many years of increasingly bizarre and unconstitutional scenarios,
it could finally be ending.
In December, the Supreme Court is going to hear arguments in the Alaska case.
Decision will likely be made by the middle of next year.
We'll finally learn straight from the high court whether or not the government can steal $95,000 from you
because you put a few cans of beer in your airplane.
under our Constitution, we all know the government can't do that, but as to the much narrower question of whether five justices on the Supreme Court still believe the Constitution applies to your property, as to the question of whether you can rely on the judicial system to protect the property you've spent your whole life working for, well, that's something that we'll find out in just a few months. These are rights and privileges that many of us took for granted, but we simply can't do that anymore. This is one of the main reasons we're releasing our latest documentary, the
real history of communism for free on YouTube on Friday. It's a deeply researched narrative of
the Russian Revolution and how quickly the Bolsheviks took power. It can happen much faster than
you think, like we talked about yesterday. And that's why you should watch that on Friday.
And then when you're done watching that, the Daily Wire has a new movie also related to this
coming out on November 11th set in Stalinist Russia called Confession. Now, I saw this movie a couple of
months ago, and I can tell you genuinely, it's a very well-made, serious piece of art,
with easily far and away the most impressive cast ever assembled for a quote-unquote conservative
film. In fact, I really wouldn't call it a conservative film at all. It does have an important
message, a conservative message, but this is a movie that is trying to be a good film,
not just a good conservative film, which is what we need to be doing, in my opinion. And I think
it succeeds. The cast includes Rob Lowe, who does tremendous work, James
Franco, who will surprise you in the villain role. Also, Nick Nolte is in it, Jennifer Jason
Lee, Emil Hirsch, who I think does a fantastic job, many others. Even the small roles have
recognizable and talented actors like Dean Norris appears in kind of a cameo role, probably
my favorite cameo performance in the film. And we'll end the show today with the trailer,
and take a look and we'll see you tomorrow. Godspeed.
You sit there and shake because you're dependent on drink.
You're sick is all over you.
Have you ever seen a child starve to death, professor?
No.
I have.
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