SIGforum.com Main Page The Lounge Supreme Court Delivers Unanimous Victory for Asset Forfeiture Challenge
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Nullus Anxietas |
This is going to throw a monkey-wrench into more than one locality's money-making confiscation ventures 
Full article: Supreme Court Delivers Unanimous Victory for Asset Forfeiture Challenge "America is at that awkward stage. It's too late to work within the system,,,, but too early to shoot the bastards." -- Claire Wolfe "If we let things terrify us, life will not be worth living." -- Seneca the Younger, Roman Stoic philosopher | ||
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safe & sound |
Good. | |||
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| Thank you Very little  |
Word is that RBG penned some of the decision... | |||
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| Gracie Allen is my personal savior! |
^^ Beyond our more morbid hopes, is that really a bad thing? This is one area of the law where state and local governments really need to be brushed way the hell back. Hurrah! Now this will have to be fought all the way down to the ground in state, and then local, courts (and you thought all the ongoing fights to force lower courts to accept that Heller and related cases mean what they mean were bad), but things are finally on the march in the right direction! | |||
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| Member |
Wow! You know a law is ridiculously egregious when you get a unanimous slap down. About time. | |||
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Info Guru |
Anything that whittles away at the egregious practice is a good thing. However, I'm more concerned with the seizures taking place BEFORE someone is convicted than I am in seizing assets after a conviction. But, like I said, anything that cuts into this practice until it can finally be abolished is a good thing. No way this is even in the realm of being constitutional (and yes, I am familiar with how the courts have improperly ruled on this in the past). “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.” - John Adams | |||
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Member |
Broken clock and all. Regardless of my feelings about any other feelings and decisions she's made, this one is right. The current state of civil forfeiture is truly shameful. "The people hate the lizards and the lizards rule the people." "Odd," said Arthur, "I thought you said it was a democracy." "I did," said Ford, "it is." "So," said Arthur, hoping he wasn't sounding ridiculously obtuse, "why don't the people get rid of the lizards?" "It honestly doesn't occur to them. They've all got the vote, so they all pretty much assume that the government they've voted in more or less approximates the government they want." "You mean they actually vote for the lizards." "Oh yes," said Ford with a shrug, "of course." "But," said Arthur, going for the big one again, "why?" "Because if they didn't vote for a lizard, then the wrong lizard might get in." | |||
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Member |
The SCOTUS just put the profit back into crime. I worked Asset Forfeiture for two years at the state and federal level. We had more prosecution/judicial oversight than the public is lead to believe. If people would mind their own damn business this country would be better off. I owe no one an explanation or an apology for my personal opinion. | |||
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| Peace through superior firepower  |
Well, that's one way to look at it, but I see this differently. ____________________________________________________ "I am your retribution." - Donald Trump, speech at CPAC, March 4, 2023 | |||
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| Too old to run, too mean to quit! |
Damn! What a concept! States are actually subject to the constitution! Whoda thunk it? Elk There has never been an occasion where a people gave up their weapons in the interest of peace that didn't end in their massacre. (Louis L'Amour) "To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical. " -Thomas Jefferson "America is great because she is good. If America ceases to be good, America will cease to be great." Alexis de Tocqueville FBHO!!! The Idaho Elk Hunter | |||
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| Info Guru |
By not allowing them to seize assets that were NOT in any way connected to a crime? https://reason.com/blog/2018/1...iminal-justice-cases
“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.” - John Adams | |||
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| Too old to run, too mean to quit! |
How? Elk There has never been an occasion where a people gave up their weapons in the interest of peace that didn't end in their massacre. (Louis L'Amour) "To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical. " -Thomas Jefferson "America is great because she is good. If America ceases to be good, America will cease to be great." Alexis de Tocqueville FBHO!!! The Idaho Elk Hunter | |||
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| Member |
When you have suspected criminals without any legitimate means of income per their tax statements, living in expensive homes and driving $100,000 cars, then yes! They also received food stamps! Oh yeah, they dealing in kilos of dope or human trafficking that we followed up from the Mexican border along US interstate highway. The cartels pay so well that we caught an AZ DPS officer who hauled kilos on his days off. We found millions of dollars per month going into multiple accounts to the same name. We thought it was dope, but it turned out to be human smuggling. At the time, that did not qualify under RICO so the cases had to be turned over to Immigration. If people would mind their own damn business this country would be better off. I owe no one an explanation or an apology for my personal opinion. | |||
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| Nullus Anxietas |
I guess the whole "due process" thing went right over your head all this time? "America is at that awkward stage. It's too late to work within the system,,,, but too early to shoot the bastards." -- Claire Wolfe "If we let things terrify us, life will not be worth living." -- Seneca the Younger, Roman Stoic philosopher | |||
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Tinker Sailor Soldier Pie |
Fantastic. Very very pleased to see this. ~Alan Acta Non Verba NRA Life Member (Patron) God, Family, Guns, Country Men will fight and die to protect women... because women protect everything else. ~Andrew Klavan | |||
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| Member |
Seize post conviction. No more burden of proof on the accused to prove assets are legit. | |||
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Member |
Every "DARE" car in every NJ town was the result of confiscation. They even letter it to note that fact. It is/was highly abused with strong arm tactics. _________________________ | |||
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| Member |
This ruling was limited to the 8th being only related to Fed Forfeiture, and not to the states, per the Ill supreme court ruling. It specifically did not address the excessiveness of the forfeiture. SCOTUS ruling was very narrow, 8th relates to the states via the 14th (our old friend). What did the Wolf say to our intrepid hit men in Pulp Fiction? | |||
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| Member |
You'd have thought the SJW lawyers would've been all over this some time ago, however it's always about the 1st and 2nd, forget the others.  | |||
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Irksome Whirling Dervish |
I haven't read the decision but even before today I was still very much in favor of pre-conviction forfeiture. I need to read the decision but as az478 said, forfeiture, at least on the basis that I'm familiar with, is not done ad hoc on a willy-nilly basis and the funds or items seized aren't given to or the property of the agency. "Hey, let's arrest these suspected druggies. I need a new car for work and we can use their cash to fund the office water and coffee clubs or get new workout equipment." Doesn't work that way. | |||
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SIGforum.com Main Page The Lounge Supreme Court Delivers Unanimous Victory for Asset Forfeiture Challenge
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