Topics > Judiciary, Crime, & Courts
USSC limits civil asset forfeiture
Pandora:
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.
--- End quote ---
'Bout damn time.
Libertas:
--- Quote from: Pandora 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.
--- End quote ---
'Bout damn time.
--- End quote ---
patentlymn:
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
Syzygy:
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.
Libertas:
Yeah, now if they plant evidence they'll just have to be happy with putting someone innocent of the charges in prison...
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