Author Topic: USSC limits civil asset forfeiture  (Read 2255 times)

0 Members and 1 Guest are viewing this topic.

Online Pandora

  • Administrator
  • Conservative Superhero
  • *****
  • Posts: 19529
  • I iz also makin a list. U on it pal.
USSC limits civil asset forfeiture
« on: April 30, 2019, 09:36:03 PM »
In Historic 9-0 Ruling Supreme Court Drops Constitution On California

Quote
THE SUPREME COURT ON Wednesday ruled unanimously to limit the ability of state and local governments to seize property, including through the controversial practice of civil asset forfeiture.

    Voting 9-0, the justices found that the Constitution’s prohibition on excessive fines under the Eighth Amendment applies not only to the federal government but also to state and local authorities, and that practices such as civil asset forfeiture – where law enforcement can seize the property of anyone accused of criminal activity, regardless whether they’re convicted or even charged – run afoul of the restriction.

'Bout damn time.
"Under certain circumstances, profanity provides a relief denied even to prayer." - Mark Twain

"Let us assume for the moment everything you say about me is true. That just makes your problem bigger, doesn't it?"

Offline Libertas

  • Conservative Superhero
  • *****
  • Posts: 63889
  • Alea iacta est! Libertatem aut mori!
Re: USSC limits civil asset forfeiture
« Reply #1 on: May 01, 2019, 07:44:51 AM »
In Historic 9-0 Ruling Supreme Court Drops Constitution On California

Quote
THE SUPREME COURT ON Wednesday ruled unanimously to limit the ability of state and local governments to seize property, including through the controversial practice of civil asset forfeiture.

    Voting 9-0, the justices found that the Constitution’s prohibition on excessive fines under the Eighth Amendment applies not only to the federal government but also to state and local authorities, and that practices such as civil asset forfeiture – where law enforcement can seize the property of anyone accused of criminal activity, regardless whether they’re convicted or even charged – run afoul of the restriction.

'Bout damn time.

We are now where The Founders were when they faced despotism.

Online patentlymn

  • Conservative Hero
  • ****
  • Posts: 3918
Re: USSC limits civil asset forfeiture
« Reply #2 on: May 01, 2019, 04:16:21 PM »
Good news.
Kinda related. I read about this story a while back. Chicago really screws over poor people.


https://reason.com/2019/04/29/chicago-impounds-innocent-peoples-cars-and-soaks-them-in-fines-now-its-getting-sued/
Chicago Impounds Innocent People's Cars and Soaks Them in Fines. Now It's Getting Sued
Following a Reason investigation into Chicago's punitive vehicle impound program, a new lawsuit alleges the practice violates Chicagoans constitutional rights.


C.J. Ciaramella | 4.29.2019 10:45 PM
When the law becomes a ruse, lawlessness becomes legitimate. -unknown

Online Syzygy

  • Full Member
  • ***
  • Posts: 210
Re: USSC limits civil asset forfeiture
« Reply #3 on: May 01, 2019, 10:26:55 PM »
Great news.   This became SOP during the Reagan administration,  if not mistaken.  It was previously challenged all the way to the SCOTUS,  (forget on what grounds double jeopardy,  cruel and unusual punishment,  etc.  ::whatgives:: ),  and upheld.   Ridiculous. 

When,  as part of the War on Drugs,  any assets seized could be turned over to the PD's whose officers made the bust,  it became the impetus for otherwise good cops to go dirty.  Many examples of that in my AO alone.

And if the person collared was eventually found innocent,   it took an act of God and Congress to ever get their property back,  if they ever got it back at all.  Seldom they ever got it ALL back,  and most times,   the legal expenses of getting it back far outweighed the property's value. 



Offline Libertas

  • Conservative Superhero
  • *****
  • Posts: 63889
  • Alea iacta est! Libertatem aut mori!
Re: USSC limits civil asset forfeiture
« Reply #4 on: May 02, 2019, 07:41:21 AM »
Yeah, now if they plant evidence they'll just have to be happy with putting someone innocent of the charges in prison...
We are now where The Founders were when they faced despotism.

Offline AlanS

  • Conservative Superhero
  • *****
  • Posts: 7908
  • Proud Infidel
Re: USSC limits civil asset forfeiture
« Reply #5 on: May 02, 2019, 03:57:15 PM »
In Historic 9-0 Ruling Supreme Court Drops Constitution On California

Quote
THE SUPREME COURT ON Wednesday ruled unanimously to limit the ability of state and local governments to seize property, including through the controversial practice of civil asset forfeiture.

    Voting 9-0, the justices found that the Constitution’s prohibition on excessive fines under the Eighth Amendment applies not only to the federal government but also to state and local authorities, and that practices such as civil asset forfeiture – where law enforcement can seize the property of anyone accused of criminal activity, regardless whether they’re convicted or even charged – run afoul of the restriction.

'Bout damn time.

Now maybe the rest of the states will pay attention. This has been going on for waaaaaay too long.
"Malo periculosam, libertatem quam quietam servitutem."

Thomas Jefferson