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SC Circuit Judge Rules Civil Asset Forfeiture in SC Unconstitutional

Posted on 10/15/19 at 3:40 pm
Posted by TheRock
Member since Mar 2011
245 posts
Posted on 10/15/19 at 3:40 pm
(no message)
This post was edited on 7/2/20 at 8:59 am
Posted by HempHead
Big Sky Country
Member since Mar 2011
56772 posts
Posted on 10/15/19 at 3:41 pm to
Progress!

Posted by fr33manator
Baton Rouge
Member since Oct 2010
135033 posts
Posted on 10/15/19 at 3:42 pm to
Should be unconstitutional everywhere
Posted by lsu13lsu
Member since Jan 2008
11842 posts
Posted on 10/15/19 at 3:43 pm to
Good
Posted by Mud_Till_May
Member since Aug 2014
9685 posts
Posted on 10/15/19 at 3:43 pm to
Spread the good word
Posted by TheIrishFro
Member since Aug 2010
4709 posts
Posted on 10/15/19 at 3:44 pm to
(no message)
This post was edited on 3/9/23 at 8:06 am
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
42668 posts
Posted on 10/15/19 at 3:45 pm to
This is my home county. I’ve appeared in front of Judge John many times. He’s a no-nonsense Citadel grad. Good for him.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112944 posts
Posted on 10/15/19 at 3:50 pm to
quote:

SC Circuit Judge Rules Civil Asset Forfeiture in SC Unconstitutional
That man is a hero!
Posted by AUTimbo
Member since Sep 2011
3373 posts
Posted on 10/15/19 at 3:51 pm to
quote:

though black men make up just 13% of the state’s population.


Ummmm....that's a negative

Maybe they didn't include inmates in the correctional system.....just sayin'
Posted by StealthCalais11
Lurker since 2007
Member since Aug 2011
12555 posts
Posted on 10/15/19 at 3:51 pm to
Good guy judge. frick that law.
Posted by theGarnetWay
Washington, D.C.
Member since Mar 2010
27510 posts
Posted on 10/15/19 at 3:53 pm to
quote:


This is my home county. I’ve appeared in front of Judge John many times. He’s a no-nonsense Citadel grad. Good for him.


Did you get a chance to read that series referenced in the article? It was damning stuff and really good work by the local paper.


quote:

Ummmm....that's a negative


The African-American population is about 27%, so it makes sense that black men only are at about 13%.
This post was edited on 10/15/19 at 3:56 pm
Posted by jdd48
Baton Rouge
Member since Jan 2012
24060 posts
Posted on 10/15/19 at 3:57 pm to
Prepare for the sheriff's association and other LE lobby groups in SC to fight tooth and nail to keep their right to legally steal from citizens.
This post was edited on 10/15/19 at 3:59 pm
Posted by HempHead
Big Sky Country
Member since Mar 2011
56772 posts
Posted on 10/15/19 at 4:01 pm to
quote:

Prepare for the sheriff's association in SC to fight tooth and nail to keep their right to legally steal from citizens.



How do expect our baws in beige to operate without taking 10 thousand, I mean 5 thousand....or was it 1 thousand? in cash from these obvious criminals.
This post was edited on 10/15/19 at 4:01 pm
Posted by Aubie Spr96
lolwut?
Member since Dec 2009
44828 posts
Posted on 10/15/19 at 4:02 pm to
quote:

Should be unconstitutional everywhere
Posted by dallastigers
Member since Dec 2003
10984 posts
Posted on 10/15/19 at 4:15 pm to
quote:

someone was charged with a crime but not convicted.


I have never understood forfeiture without a conviction. I can see freezing with due process and with enough transparency that it can be seen if freezing is putting an undue burden on them or family to get them to plead guilty, but if no conviction forfeiture never made sense.

Like traffic tickets or fines I am not sure even valid forfeitures need to go back to law enforcement or department issuing respective fine. I think when departments benefit for basically doing their job it pushes inconsistent enforcement when funds are needed or to meet quotas when fines are built into budgets.
Posted by LegendInMyMind
Member since Apr 2019
76093 posts
Posted on 10/15/19 at 4:20 pm to
They really have no choice now since the Supreme Court made their ruling. Fortune article:
LINK

"The Supreme Court ruled unanimously Wednesday to limit civil forfeiture laws that give state and local law enforcement the ability to seize property involved in crimes.

The move was made in a ruling that states the Eighth Amendment, which bars “excessive fines” on the federal level, also applies to state and local governments."

This post was edited on 10/15/19 at 4:21 pm
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
31166 posts
Posted on 10/15/19 at 4:23 pm to
quote:

Should be unconstitutional everywhere


It is but some jurisdictions haven't ruled on it and some have gotten the ruling incorrect.
Posted by Fat and Happy
Baton Rouge
Member since Jan 2013
20249 posts
Posted on 10/15/19 at 4:24 pm to
I bet there are some butt hurt police officers
Posted by PrivatePublic
Member since Nov 2012
17848 posts
Posted on 10/15/19 at 4:29 pm to
First Georgia, now CAF. South Carolina winning this week.
Posted by Cold Drink
Member since Mar 2016
3482 posts
Posted on 10/15/19 at 4:30 pm to
The rare thing most people - left and right - agree on.
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