Results 1 to 10 of 10

Hybrid View

Previous Post Previous Post   Next Post Next Post
  1. #1

    Civil Forfeiture goes against the Spirit of the Constitution

    In a 6–3 decision, the Court's conservative majority held in the case Culley v. Marshall, Attorney General of Alabama that property owners in civil asset forfeiture proceedings have no due process right to a preliminary court hearing to determine if police had probable cause to seize their property.

    https://reason.com/2024/05/09/suprem...feiture-cases/


    https://www.thenation.com/article/ar...iture-hearing/

    When cops decide to help themselves to your property, they can do it without a warrant, without securing a conviction, without even charging you with a crime. Once they’ve taken it, the cops then force people to engage in a long legal fight to get their stuff back. Often, the value of the property stolen by the government is less than the cost of lawyers needed to fight the government. There’s no right to public counsel when the cops steal from you, so most people can’t afford to fight them, never get their stuff back, and the cops end up selling it for profit.

    Civil forfeiture is a booming business and has become a key source of income for some cities and entire states. According to “Policing for Profit,” a report from the Institute for Justice, federal, state, and local governments made $68.8 billion from civil forfeiture between 2000 and 2019.

    Most people I know think that civil forfeiture should be unconstitutional as a point-and-click violation of the Due Process clause. The Fifth and Fourteenth Amendments both say that we should not be “deprived of life, liberty or property without due process of law.” Civil forfeiture is literally depriving people of their property with no process at all.


    Civil Forfeiture should be an illegal practice, this is big government helping themselves to YOUR stuff without DUE PROCESS.

    We DEMAND protection against Illegal search and seizure as the 4th amendment offers to us.


    Do yall support Civil Forfeiture and will you contact your republican leaders about it?
    PROUD DISABLED VETERAN DESPITE RSR HATRED





  2. #2
    Join Date
    Jul 2020
    Location
    Blue crab country
    Posts
    1,791

    Re: Civil Forfeiture goes against the Spirit of the Constitution

    Quote Originally Posted by ShadeRaven View Post
    In a 6–3 decision, the Court's conservative majority held in the case Culley v. Marshall, Attorney General of Alabama that property owners in civil asset forfeiture proceedings have no due process right to a preliminary court hearing to determine if police had probable cause to seize their property.

    https://reason.com/2024/05/09/suprem...feiture-cases/


    https://www.thenation.com/article/ar...iture-hearing/

    When cops decide to help themselves to your property, they can do it without a warrant, without securing a conviction, without even charging you with a crime. Once they’ve taken it, the cops then force people to engage in a long legal fight to get their stuff back. Often, the value of the property stolen by the government is less than the cost of lawyers needed to fight the government. There’s no right to public counsel when the cops steal from you, so most people can’t afford to fight them, never get their stuff back, and the cops end up selling it for profit.

    Civil forfeiture is a booming business and has become a key source of income for some cities and entire states. According to “Policing for Profit,” a report from the Institute for Justice, federal, state, and local governments made $68.8 billion from civil forfeiture between 2000 and 2019.

    Most people I know think that civil forfeiture should be unconstitutional as a point-and-click violation of the Due Process clause. The Fifth and Fourteenth Amendments both say that we should not be “deprived of life, liberty or property without due process of law.” Civil forfeiture is literally depriving people of their property with no process at all.


    Civil Forfeiture should be an illegal practice, this is big government helping themselves to YOUR stuff without DUE PROCESS.

    We DEMAND protection against Illegal search and seizure as the 4th amendment offers to us.


    Do yall support Civil Forfeiture and will you contact your republican leaders about it?
    The justices were right in their decision since these were reasonable seizures but good lord they need to do this within a week at most for peoples property that are not involved directly with the case.
    I don't know a lot but I know a little





  3. #3
    Join Date
    Nov 2011
    Posts
    9,634
    Blog Entries
    1

    Re: Civil Forfeiture goes against the Spirit of the Constitution

    Though it doesn’t look like the court is done with this yet. Just that these cases weren’t best to fully clarify. Might be looking for cases in the future

    “Justice Neil Gorsuch also raised the financial incentives for law enforcement to pursue forfeitures. His concurring opinion joined by Justice Clarence Thomas seemed to invite future challenges to the constitutionality of the entire practice.

    Gorsuch said he agreed with the dissenters that the case leaves many larger questions unresolved about whether, and to what extent, contemporary civil forfeiture practices can be squared with the Constitution’s promise of due process.

    “In this Nation, the right to a jury trial before the government may take life, liberty, or property has always been the rule,” he said. “Yes, some exceptions exist. But perhaps it is past time for this Court to examine more fully whether and to what degree contemporary civil forfeiture practices align with that rule and those exceptions.””

    https://news.bloomberglaw.com/us-law...iture-standard





  4. #4
    Join Date
    Nov 2011
    Posts
    9,634
    Blog Entries
    1

    Re: Civil Forfeiture goes against the Spirit of the Constitution

    More context

    "When police seize and then seek civil forfeiture of a car that was used to commit a drug offense, the Constitution requires a timely forfeiture hearing," Justice Brett Kavanaugh wrote in the majority opinion, joined by Chief Justice John Roberts and Justices Samuel Alito, Clarence Thomas, Neil Gorsuch, and Amy Coney Barrett. "The question here is whether the Constitution also requires a separate preliminary hearing to determine whether the police may retain the car pending the forfeiture hearing. This Court's precedents establish that the answer is no: The Constitution requires a timely forfeiture hearing; the Constitution does not also require a separate preliminary hearing."





  5. #5
    Join Date
    Jun 2008
    Location
    Balt-Wash corridor
    Posts
    25,401

    Re: Civil Forfeiture goes against the Spirit of the Constitution

    I have never understood how Civil Forfeiture isn't a blatant violation of the 4th Amendment.





  6. #6
    Join Date
    Aug 2006
    Location
    Mt. Arrogance in the middle of the .11 rolling acres of The Windbag Estates
    Posts
    14,185

    Re: Civil Forfeiture goes against the Spirit of the Constitution

    Quote Originally Posted by JimZipCode View Post
    I have never understood how Civil Forfeiture isn't a blatant violation of the 4th Amendment.
    Wow, me on the same side of an issue with Shade and JimZ.

    It's that libertarian part of me coming out.





  7. Re: Civil Forfeiture goes against the Spirit of the Constitution

    Quote Originally Posted by Greg View Post
    Wow, me on the same side of an issue with Shade and JimZ.

    It's that libertarian part of me coming out.
    Broken clock/blind squirrel. Sooner or later, it's fate and bound to happen. It's also one of those subjects that I would imagine a huge percentage of Americans would steadfastly agree on. Politics aside. It's Gestapo tactics. So, there's that.





  8. #8
    Join Date
    Jul 2020
    Location
    Blue crab country
    Posts
    1,791

    Re: Civil Forfeiture goes against the Spirit of the Constitution

    Quote Originally Posted by JimZipCode View Post
    I have never understood how Civil Forfeiture isn't a blatant violation of the 4th Amendment.
    Depends on what you believe is reasonable and unreasonable but in these two cases the car should have just been towed to an impoundment lot and able to be retrieved quickly. No hearing should even be required.
    I don't know a lot but I know a little





  9. #9

    Re: Civil Forfeiture goes against the Spirit of the Constitution

    Quote Originally Posted by Willbacker View Post
    Depends on what you believe is reasonable and unreasonable but in these two cases the car should have just been towed to an impoundment lot and able to be retrieved quickly. No hearing should even be required.
    Impounding my vehicle based off the judgements of a street cop. Even if you're innocent the towing company gets paid and you gotta pay the impound lot and the Police Department makes their dolla.

    There no world where this fits in the spirit of the constitution.

    Sent from my Pixel 6a using Tapatalk
    PROUD DISABLED VETERAN DESPITE RSR HATRED





  10. #10
    Join Date
    Aug 2006
    Location
    Mt. Arrogance in the middle of the .11 rolling acres of The Windbag Estates
    Posts
    14,185

    Re: Civil Forfeiture goes against the Spirit of the Constitution

    Wow, Shade and I might just agree. I am not up on the details of this ruling but I am most certainly not a fan of civil forfeiture. Nothing should be taken from a person until they have been found guilty in a court of law. That whole presumption of innocence should reign supreme.





Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Link To Mobile Site
var infolinks_pid = 3297965; var infolinks_wsid = 0; //—->