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Surely these civil forfeiture without prosecution (or even charges) statutes....

Posted on 10/7/14 at 1:27 pm
Posted by MMauler
Primary This RINO Traitor
Member since Jun 2013
23903 posts
Posted on 10/7/14 at 1:27 pm
are something both conservatives and liberals can agree are total bullsh!t.

I can't see how they're even Constitutional.

John Oliver -- Last Week Tonight -- on civil forfeiture laws.....
Posted by a want
I love everybody
Member since Oct 2010
19764 posts
Posted on 10/7/14 at 1:30 pm to
I saw that yesterday. It's mind-boggling.
Posted by KosmoCramer
Member since Dec 2007
80003 posts
Posted on 10/7/14 at 1:33 pm to
It's complete government overreach. I don't understand why this hasn't been taken to the supremes.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
62676 posts
Posted on 10/7/14 at 1:45 pm to
Law & Order, Civil Asset Forfeiture Unit



The raiding of the art gallery for unlicensed liquor sales look surreal.
This post was edited on 10/7/14 at 1:47 pm
Posted by SpidermanTUba
my house
Member since May 2004
36132 posts
Posted on 10/7/14 at 1:47 pm to
Nothing new.


Cops have been taking cars that drugs are found in for decades.

Posted by Robin Masters
Birmingham
Member since Jul 2010
34961 posts
Posted on 10/7/14 at 1:47 pm to
Big government going in dry.
Posted by UncleFestersLegs
Member since Nov 2010
16452 posts
Posted on 10/7/14 at 1:49 pm to
quote:

It's complete government overreach. I don't understand why this hasn't been taken to the supremes.
it has
Posted by SpidermanTUba
my house
Member since May 2004
36132 posts
Posted on 10/7/14 at 1:54 pm to
quote:

Big government going in dry.


Yeah right. Its the big big goverment.

I know a guy who had his car confiscated by a police department in west texas with a sheriff and a single deputy. MASSIVE government.

Posted by MMauler
Primary This RINO Traitor
Member since Jun 2013
23903 posts
Posted on 10/7/14 at 1:55 pm to
quote:

quote: It's complete government overreach. I don't understand why this hasn't been taken to the supremes.


it has


Actual CHARGES were brought in that case and the defendants were on trial.

Plus, the defendants were given the opportunity to show that the assets in question were not related to the illegal activity.


I have no problem with the forfeiture of assets of actual drug dealers and felons for assets they used or bought with their ill-gotten gains. I doubt anyone does.

Watch the video to see the abuses of the system.
This post was edited on 10/7/14 at 1:57 pm
Posted by a want
I love everybody
Member since Oct 2010
19764 posts
Posted on 10/7/14 at 1:56 pm to


Prepare your anus.
Posted by UncleFestersLegs
Member since Nov 2010
16452 posts
Posted on 10/7/14 at 1:59 pm to
quote:


I have no problem with the forfeiture of assets of actual drug dealers and felons for assets they used or bought with their ill-gotten gains. I doubt anyone does.


They aren't "ill-gotten" until there is a verdict. The linked decision says you don't even have a right to challenge a grand jury decision. You can be indicted and then bankrupted and not be able to afford a defense. You doubt anyone has a problem with that???
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
62676 posts
Posted on 10/7/14 at 2:00 pm to
quote:

Big government going in dry.


More like greedy, corrupt government.
Posted by SpidermanTUba
my house
Member since May 2004
36132 posts
Posted on 10/7/14 at 2:03 pm to
quote:


I have no problem with the forfeiture of assets of actual drug dealers and felons for assets they used or bought with their ill-gotten gains.


THe problem comes when the assets are confiscated and kept even when the accused are acquitted or charges are never filed.



Posted by Scoop
RIP Scoop
Member since Sep 2005
44583 posts
Posted on 10/7/14 at 2:04 pm to
Every post I read of yours is dumber than the last and let me be clear that this is a task of Hurculean proportions.
Posted by UncleFestersLegs
Member since Nov 2010
16452 posts
Posted on 10/7/14 at 2:05 pm to
quote:


I know a guy who had his car confiscated by a police department in west texas with a sheriff and a single deputy. MASSIVE government.
The poster makes a valid point. The only government official in the entire US that wields a service weapon is that sheriff in west texas with his single deputy.
Posted by Robin Masters
Birmingham
Member since Jul 2010
34961 posts
Posted on 10/7/14 at 2:05 pm to
quote:

Yeah right. Its the big big goverment.

I know a guy who had his car confiscated by a police department in west texas with a sheriff and a single deputy. MASSIVE government.


When you get run over by a semi it may only be the bumper that hits you...but that bumper has 20 tons of weight behind it.

Govt should fear the people not the other way around.
Posted by MMauler
Primary This RINO Traitor
Member since Jun 2013
23903 posts
Posted on 10/7/14 at 2:06 pm to
quote:

Such pre-trial asset restraints are constitutionally permissible whenever probable cause exists to think that a defendant has committed an offense permitting forfeiture and that the assets in dispute are traceable or otherwise sufficiently related to the crime charged.

*****

The District Court allowed them to challenge the assets’ traceability to the offenses in question but not the facts supporting the underlying indictment.



They have the right to show that the assets seized were not traceable to the offense. If, for example, they owned their home or their car, or they had a bank account with $X in it before they are alleged to have committed their criminal activity, that should be relatively easy.

I'm talking about people who aren't even charged or tried.
This post was edited on 10/7/14 at 2:16 pm
Posted by MMauler
Primary This RINO Traitor
Member since Jun 2013
23903 posts
Posted on 10/7/14 at 2:07 pm to
quote:

THe problem comes when the assets are confiscated and kept even when the accused are acquitted or charges are never filed.



I can't f*cking believe I just gave you an upvote.
Posted by UncleFestersLegs
Member since Nov 2010
16452 posts
Posted on 10/7/14 at 2:15 pm to
quote:


I'm talking about people who aren't even charged or tried.

I understand your position. I disagree that they are the only ones being denied due process.
Posted by MMauler
Primary This RINO Traitor
Member since Jun 2013
23903 posts
Posted on 10/7/14 at 2:19 pm to
quote:

I disagree that they are the only ones being denied due process.


Their due process comes when they are allowed to show that their assets are not related to their crimes.

If a drug dealer gets caught selling drugs and has the $5 million dollars from the drug deal on him, surely you don't believe that he should be able to use that $5 million to hire the most expensive lawyer around and set up some sort of annuity for when he gets out of prison -- DO YOU?

If so, you MUST be a criminal defense lawyer.
This post was edited on 10/7/14 at 2:22 pm
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