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Started By
Message
Rand Paul introduces the FAIR Act (fifth amendment integrity restoration act)
Posted on 7/24/14 at 4:26 pm
Posted on 7/24/14 at 4:26 pm
quote:
Sen. Rand Paul yesterday introduced S. 2644, the FAIR (Fifth Amendment Integrity Restoration) Act, which would protect the rights of citizens and restore the Fifth Amendment's role in seizing property without due process of law. Under current law, law enforcement agencies may take property suspected of involvement in crime without ever charging, let alone convicting, the property owner. In addition, state agencies routinely use federal asset forfeiture laws; ignoring state regulations to confiscate and receive financial proceeds from forfeited property.
The FAIR Act would change federal law and protect the rights of property owners by requiring that the government prove its case with clear and convincing evidence before forfeiting seized property. State law enforcement agencies will have to abide by state law when forfeiting seized property. Finally, the legislation would remove the profit incentive for forfeiture by redirecting forfeitures assets from the Attorney General's Asset Forfeiture Fund to the Treasury's General Fund.
"The federal government has made it far too easy for government agencies to take and profit from the property of those who have not been convicted of a crime. The FAIR Act will ensure that government agencies no longer profit from taking the property of U.S. citizens without due process, while maintaining the ability of courts to order the surrender of proceeds of crime," Sen. Paul said
LINK
Long overdue, but better late than never. Good for Rand. How the hell is current federal seizure law so blatantly unconstitutional? How do lawmakers get away with it?
This post was edited on 7/24/14 at 4:34 pm
19
Posted on 7/24/14 at 4:28 pm to HailHailtoMichigan!
Posted on 7/24/14 at 4:29 pm to HailHailtoMichigan!
100% support
Posted on 7/24/14 at 4:31 pm to HailHailtoMichigan!
I'd say this is as much a Fourth Amendment change as a Fifth Amendment one.
The Fourth Amendment covers search-and-seizure while the Fifth Amendment covers due process.
The Fourth Amendment covers search-and-seizure while the Fifth Amendment covers due process.
Posted on 7/24/14 at 4:31 pm to HailHailtoMichigan!
See, this is the kind of shite Washington should be working on.
Posted on 7/24/14 at 4:32 pm to HailHailtoMichigan!
This is the kind of stuff that even Democrats should agree with, but will get him a LOT of hate from law enforcement and the like.
Posted on 7/24/14 at 4:32 pm to teke184
quote:
FAIR Act
Frick American-Islamic Relations
I'm all for it.
Posted on 7/24/14 at 4:33 pm to HailHailtoMichigan!
Hell, yeah! 
Posted on 7/24/14 at 4:34 pm to FightinTigersDammit
No.. the govt should just be able to take whatever it wants,,, ask any Democrat or Republican.
Posted on 7/24/14 at 4:34 pm to HailHailtoMichigan!
I support, but it's a shame that it has to come to this.
The 5th Amendment should stand strong on its own and not need this kind of help.
The 5th Amendment should stand strong on its own and not need this kind of help.
Posted on 7/24/14 at 4:35 pm to HailHailtoMichigan!
We need this guy as President.
Posted on 7/24/14 at 4:36 pm to Semaphore
quote:
I support, but it's a shame that it has to come to this.
The 5th Amendment should stand strong on its own and not need this kind of help.
exactly, because of the 2-party turds we have now is why we are even talking about this..
Posted on 7/24/14 at 4:36 pm to HailHailtoMichigan!
Great bill. Will be TONS of opposition from DA's and cops.
Posted on 7/24/14 at 4:36 pm to HailHailtoMichigan!
quote:
How the hell is current federal seizure law so blatantly unconstitutional? How do lawmakers get away with it?
Because they include it in plea negotiations.
Posted on 7/24/14 at 4:37 pm to Semaphore
quote:
I support, but it's a shame that it has to come to this.
The 5th Amendment should stand strong on its own and not need this kind of help.
The interpretation over the years has generally been that the Fifth Amendment covers criminal proceedings only and not civil proceedings.
No court-appointed counsel for people wanting their property back, little in the way of standards for why the government can seize the property, the requirement of paying the government 10% of the value of the property to contest the decision, the number of cases in which people won the case only to find that the property in question had been destroyed, etc. etc. etc.
I've been beating on this particular horse for about 20 years now and it's always made for an easy go-to topic on research papers and speeches.
Posted on 7/24/14 at 4:41 pm to teke184
It's almost like the founders never had a clue what kind of oppressive fascist state we would have with so little regard for individual rights.
You'ed think they would write,, I dunno, something like a Constitution or something to address it.
You'ed think they would write,, I dunno, something like a Constitution or something to address it.
This post was edited on 7/24/14 at 7:05 pm
Posted on 7/24/14 at 4:44 pm to HailHailtoMichigan!
I am dying to see someone make an argument against this.
Posted on 7/24/14 at 4:44 pm to Jagd Tiger
Now, we just need someone with some balls in Louisiana to help re-write our state asset forfeiture laws.
Unfortunately, the Sheriff's Association and the DA's Association will likely destroy anyone who tries.
Unfortunately, the Sheriff's Association and the DA's Association will likely destroy anyone who tries.
Posted on 7/24/14 at 4:45 pm to Rickety Cricket
I'm trying to come up with a Devil's advocate type argument for how this could work, and I'm drawing a blank.
Posted on 7/24/14 at 4:45 pm to FalseProphet
quote:
Unfortunately, the Sheriff's Association and the DA's Association will likely destroy anyone who tries.
Got a burned CD? Your house is proceeds from that crime! Pay us 10% to contest it and get out in the meantime!
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