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re: Texas looking to abolish asset forfeiture, run into LEO resistance

Posted on 2/2/17 at 1:31 pm to
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
46425 posts
Posted on 2/2/17 at 1:31 pm to
Isn't malicious prosecution a real thing? It should be used more often.
Posted by LSUJuice
Back in Houston
Member since Apr 2004
18053 posts
Posted on 2/2/17 at 2:05 pm to
How is civil forfeiture not seen as a 4th amendment violation by the SCOTUS?

And yes it's frustrating how conservatives are so in favor of 2nd amendment rights but we seem to ignore the 4th through 6th.
Posted by NYNolaguy1
Member since May 2011
21836 posts
Posted on 2/2/17 at 2:25 pm to
quote:

How is civil forfeiture not seen as a 4th amendment violation by the SCOTUS?


Because the action is against your property, which has much fewer rights than a person does.

All CAF cases have defendants that are property, not people. It's usually the responsibility of the owner to prove the property innocent (innocent owner defense), not the other way around. Also- it doesn't take much to lose in court, simply a preponderance of the evidence- in other words if it was "probably" involved, it's gone.
Posted by TejasPete
Member since Dec 2013
1425 posts
Posted on 2/2/17 at 3:25 pm to
Cops are the real criminals.
Posted by Masterag
'Round Dallas
Member since Sep 2014
20260 posts
Posted on 2/2/17 at 3:30 pm to
quote:

A lot of small government conservatives have no clue about the type of people actually policing the streets.


Oh no they do, it's just they're white, and they nor anyone in their group of family/friends has had their shite stolen by LE.

I'm not saying only minorities are targeted, but I'd bet it's a good majority.
This post was edited on 2/2/17 at 3:33 pm
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