Civil asset forfeiture is unconstitutionally wrong, period............

    Results 1 to 9 of 9
    Like Tree14Likes
    • 1 Post By Cait43
    • 1 Post By SouthernBoy
    • 3 Post By Skolnick
    • 2 Post By tony pasley
    • 3 Post By BigCityChief
    • 1 Post By win231
    • 1 Post By tony pasley
    • 2 Post By Steve M1911A1

    Thread: Civil asset forfeiture is unconstitutionally wrong, period............

    1. #1
      Senior Member Cait43's Avatar
      Join Date
      Apr 2013
      Location
      West Allis, WI(Milwaukee)
      Posts
      3,821

      Civil asset forfeiture is unconstitutionally wrong, period............

      Babbalou1956 likes this.

    2. #2
      Senior Member SouthernBoy's Avatar
      Join Date
      Jun 2007
      Location
      Virginia
      Posts
      4,851
      In the case which opens this article, I agree that the taking of the man's cash was highly suspicious and illegal in my opinion. There are times when asset forfeiture is a good thing but not in cases like this.

      And there should be degrees of asset forfeiture. For example, suppose you invite your brother and his wife on your boat for a day of fun on the water and he asks if it's okay for him to bring along a friend who's in town. You allow this and when everyone is on the boat and anchored in a nice little cove, the "friend" pulls out some weed and gets to smoking it... out of your sight or knowledge. Then along comes the police. They can take your boat and you are left holding the bag. This is not right. Of course, your word is going to be hard to prove but still, if you have no track record of using drugs and no prior arrests, that would seem to weigh heavily in your favor.

      I travel a few times a year to other states with several thousand dollars in cash on my person and a gun in my car. Would hate to lose either of those items when on the road. But then, I have never used an illegal substance in my life... and I grew up in the 60's.
      Babbalou1956 likes this.

    3. #3
      Junior Member Skolnick's Avatar
      Join Date
      Jan 2017
      Location
      Chicago, IL
      Posts
      18
      Fifth Amendment: No person shall be ... deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

      From the article: But even though Hernandez wasn’t charged with anything, the Houston police used his $3,646 for their own purposes: purchasing body cameras and other equipment ... The majority of Texans whose assets were seized were never charged with any crimes ... in Texas and 33 other states, individuals whose assets are seized are presumed guilty, even if they've never been charged with a crime ... You have people in this state who are losing their property without being charged with any crime at all ... said Kanya Bennett, a civil asset forfeiture expert with the ACLU’s national office. "The thought of having property seized without due process — that’s certainly something that goes against sort of our American ideals and American values ..."

      Lou: R.I.C.O. statutes can only function without a court ordered seizure; if there is a court order, then you do not need R.I.C.O. to seize the property. According to Lost Rights (1994) by James Bovard, 80% of the people who suffer asset forfeiture are not even charged with a crime.

    4. Remove Advertisements
      HandgunForum.net
      Advertisements
       

    5. #4
      Senior Member tony pasley's Avatar
      Join Date
      May 2006
      Location
      clyde n.c.
      Posts
      3,517
      Like all things Government it was started as a good idea that they then bastardize into legal armed robbery. The SCOTUS aided and abetted in this by declaring the paper money in your pocket belongs to the Federal Reserve not the person. It should only be allowed after a conviction of a crime showing that it was gained by that crime. You know that out dated idea of innocent until proven guilty.
      BigCityChief and Babbalou1956 like this.

    6. #5
      Member BigCityChief's Avatar
      Join Date
      Jan 2013
      Location
      NY State
      Posts
      649
      Confiscation without due process is akin to robbery.


      Sent from my iPhone using Tapatalk

    7. #6
      Member
      Join Date
      Aug 2015
      Posts
      495
      After several complaints from motorist, "Dateline NBC" did a sting operation with cars rigged with hidden video & audio. When driving on a highway at the speed limit, motorists were pulled over for "Improper Lane Usage," cars were impounded, cash & valuables were seized under the ruse of the "War on Drugs." Cars were dismantled & destroyed & no drugs were found. The seized cash was divided among police officers & used to buy luxury items & vacations - not used for law enforcement.

      Another example (of legal armed robbery):

      https://www.forbes.com/sites/institu...-with-a-crime/
      Babbalou1956 likes this.

    8. #7
      Senior Member tony pasley's Avatar
      Join Date
      May 2006
      Location
      clyde n.c.
      Posts
      3,517
      Another example (of legal armed robbery):
      Those examples are of criminal robbery when it goes through the department it is legalize armed robbery.
      Babbalou1956 likes this.

    9. #8
      Senior Member Steve M1911A1's Avatar
      Join Date
      Feb 2008
      Location
      Northwest Washington State
      Posts
      8,505
      Donate to Institute For Justice.
      (Jean and I do.)
      They are fighting against civil forfeiture, and take pro bono lawsuits to help recover forfeited property and money.
      tony pasley and Babbalou1956 like this.

    10. #9
      Senior Member BackyardCowboy's Avatar
      Join Date
      Aug 2014
      Location
      Northeast USA
      Posts
      2,350
      Quote Originally Posted by Steve M1911A1 View Post
      Donate to Institute For Justice.
      (Jean and I do.)
      They are fighting against civil forfeiture, and take pro bono lawsuits to help recover forfeited property and money.
      The Institute for Justice

    Sponsored Links

    Posting Permissions

    • You may not post new threads
    • You may not post replies
    • You may not post attachments
    • You may not edit your posts
    •