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re: From the Poliboard: Federal Court Finds Civil Asset Forfeiture Unconstitutional

Posted on 7/30/18 at 10:58 pm to
Posted by Ripley
Member since Aug 2016
4589 posts
Posted on 7/30/18 at 10:58 pm to

This is yuge, baws. This issue has probably been 1 of my top 3 triggers.

Makes me go all
Posted by LSUminati
Member since Jan 2017
4200 posts
Posted on 7/30/18 at 10:58 pm to
quote:

Lawyers all over the country will start citing this ruling.

Not with any authority outside of New Mexico.
This post was edited on 7/30/18 at 11:00 pm
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 7/30/18 at 10:59 pm to
This triggers me as well.

Absolutely mind blowing it’s legal.
Posted by magildachunks
Member since Oct 2006
36635 posts
Posted on 7/30/18 at 11:12 pm to
quote:

Not with any authority outside of New Mexico.






How you figure?
Posted by airfernando
Member since Oct 2015
15248 posts
Posted on 7/30/18 at 11:43 pm to
quote:

quote:
The ruling sets a precedent that calls into question countless other civil forfeiture programs across the country.



It's a good ruling, but this is not correct.
incorrect. It's a precedent, just not a legally binding precedent.
Posted by TigerstuckinMS
Member since Nov 2005
33687 posts
Posted on 7/30/18 at 11:55 pm to
quote:

Not with any authority outside of New Mexico.

How's that if it's a federal judge? Sure, it's going to be challenged at some point, but there's some federal jurisprudence that is a starting point to end that confiscatory money grabbing bullshite.

And this is the best part:

"Independent of that, he also struck down the law because funds raised by the program are used to fund the program’s budget, which gives law enforcement officials an incentive to police for profit, rather than justice. "

That practice right there is flat wrong. The judge is correct here.

ETA: I also find it interesting that at this point, there are 69 upvotes and 0 downvotes on the original post. It seems that we've found a point that the OT agrees on.
This post was edited on 7/31/18 at 12:07 am
Posted by LSUminati
Member since Jan 2017
4200 posts
Posted on 7/31/18 at 8:10 am to
LINK
quote:

Again, decisions by one of these courts are binding only upon the district and circuit court judges within that circuit.

Again, not with any authority. Persuasive, but that means nothing.
Posted by Esquire
Chiraq
Member since Apr 2014
15248 posts
Posted on 7/31/18 at 8:13 am to
quote:

No one can say we are not MAGA today.


Trump appointed Sessions. He clearly gives 0 fricks about the 4th amendment.
Posted by NYNolaguy1
Member since May 2011
21840 posts
Posted on 7/31/18 at 8:29 am to
Trump and the Keebler elf not going to be happy about this.
This post was edited on 7/31/18 at 8:30 am
Posted by NYNolaguy1
Member since May 2011
21840 posts
Posted on 7/31/18 at 8:31 am to
quote:

It's a precedent, just not a legally binding precedent.


Once it gets appealed (and it will) thats going to change.
Posted by Napoleon
Kenna
Member since Dec 2007
74883 posts
Posted on 7/31/18 at 8:36 am to
This is something conservatives, Republicans, democrats and liberals and even socialist should be behind.
Posted by Centinel
Idaho
Member since Sep 2016
46687 posts
Posted on 7/31/18 at 8:40 am to
quote:

and even socialist


Let's not get too crazy there. Socialists love them some government taking money and property.

Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 7/31/18 at 8:53 am to
quote:

Sessions


Absolutely LOVES Civil Asset Forfeiture.

He has campaigned on it and why its a good thing.

He also thinks marijuana is rightly a schedule 1 narcotic and equivalent to meth and heroin.

The guy is so fricking backwards and stupid. I cannot believe he is AG. Even GOP/Trump people think this guy is a disaster.
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