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Supreme Court Agrees to Hear Challenge to Asset Forfeiture Scheme Where Police Seize and Keep Cars, Cash & Homes of Innocent Owners

This topic can be found at:
https://sigforum.com/eve/forums/a/tpc/f/320601935/m/9810003205

July 30, 2023, 12:36 PM
smlsig
Supreme Court Agrees to Hear Challenge to Asset Forfeiture Scheme Where Police Seize and Keep Cars, Cash & Homes of Innocent Owners
As the article states they will be arguing against not receiving a timely hearing as required by the 14th amendment and while they could rule that the plaintiffs didn’t receive that it remains to be see if they go further and address the forfeiture aspect of the case…time will tell.

McGuire Woods was the law firm we used on the rare occasion we needed legal advice. Good people.


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Eddie

Our Founding Fathers were men who understood that the right thing is not necessarily the written thing. -kkina
July 30, 2023, 03:28 PM
DaBigBR
State seizures have been analyzed under the fourth amendment since Mapp v. Ohio, 367 U.S. 643 (1961).
July 30, 2023, 07:35 PM
joel9507
quote:
Originally posted by V-Tail:
I do not see any reference to the level of government, federal, state, or other, in the Fourth Amendment

That's because the entire document lays out the rules for the federal government. From the Preamble:
quote:
ordain and establish this Constitution for the United States of America.

That's it. It's laying out the Federal goverment - what things the Feds must do, are allowed to do, must not do. There are a few specific entries about what states must do (participate in Federal elections, e.g.) and can't do (make treaties, etc.) but it's a Federal document, not a state document. Where no level of government is mentioned, the references are to the Feds.
July 30, 2023, 08:32 PM
V-Tail
quote:
Originally posted by joel9507:
quote:
ordain and establish this Constitution for the United States of America.
Could that be construed as applying to each of the United States?

I just don't understand how the Second Amendment is interpreted as being applicable on the state and local level, if the Fourth is restricted to the federal level. The logic of that eludes me. Maybe I'm just being dense on that point, but I don't understand the difference.

I texted my son, who is a lawyer (prosecutor) asking him whether the Fourth is applicable only on the federal level, and his response was "It is binding on all the states as well." That might just be his opinion, but he's a lawyer, so I think that his opinion on this matter is probably more accurate than mine.



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