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Clarence Thomas is an American Hero - Attacks Civil Asset Forfeiture

Posted on 3/7/17 at 7:47 am
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421770 posts
Posted on 3/7/17 at 7:47 am
BEAST MODE

quote:

Today the U.S. Supreme Court declined to hear a case filed by a Texas woman who says that her due process rights were violated when the police seized over $200,000 in cash from her family despite the fact that no one has been convicted of any underlying crime associated with the money. Unfortunately, thanks to the state's sweeping civil asset forfeiture laws, the authorities were permitted to take the money of this innocent woman.

The Supreme Court offered no explanation today for its refusal to hear the case of Lisa Olivia Leonard v. Texas. But one member of the Court did speak up. In a statement respecting the denial of certiorari in the case, Justice Clarence Thomas made it clear that he believes the current state of civil asset forfeiture law is fundamentally unconstitutional.

"This system—where police can seize property with limited judicial oversight and retain it for their own use—has led to egregious and well-chronicled abuses," Thomas declared.
Posted by Big_Slim
Mogadishu
Member since Apr 2016
3977 posts
Posted on 3/7/17 at 7:52 am to
Supreme Court is really pissing me off lately between this and that idiotic ruling they made regarding the juror who said something about Mexicans. Hopefully with enough external pressure they will put a forfeiture case on the docket soon
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 3/7/17 at 7:52 am to
Posted by navy
Parts Unknown, LA
Member since Sep 2010
29026 posts
Posted on 3/7/17 at 7:54 am to
quote:

innocent woman



She did absolutely nothing wrong? They just showed up and took "her family" money?

Seems odd.
Posted by TigersHuskers
Nebraska
Member since Oct 2014
11310 posts
Posted on 3/7/17 at 7:54 am to
Wow he's said this twice?
Posted by SECdragonmaster
Order of the Dragons
Member since Dec 2013
16175 posts
Posted on 3/7/17 at 7:56 am to
standing ovation.....
Posted by navy
Parts Unknown, LA
Member since Sep 2010
29026 posts
Posted on 3/7/17 at 7:57 am to
quote:

Wow he's said this twice?



The "MUH WEED!" people have a hard time remembering shite being posted already.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421770 posts
Posted on 3/7/17 at 7:59 am to
this board has become so insane lately i don't even look past page 1 and i searched for "thomas" on page 1 and had no hits
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 3/7/17 at 7:59 am to
quote:

She did absolutely nothing wrong? They just showed up and took "her family" money?
Frankly it doesn't matter whether she did something wrong or not, it's the fact that the government can seize assets without having to prove it.

You know the whole "innocent until proven guilty" thing you hear on every Law and Order episode.
This post was edited on 3/7/17 at 8:13 am
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421770 posts
Posted on 3/7/17 at 8:00 am to
quote:

She did absolutely nothing wrong? They just showed up and took "her family" money?

well we're innocent until proven guilty, no?

also there are many examples of legit 100% innocent people having shite taken/frozen by various forms of government
Posted by IceTiger
Really hot place
Member since Oct 2007
26584 posts
Posted on 3/7/17 at 8:04 am to
I agree with Thomas...but clearly defined rules set by states to deal with funds used for violence should be in question.
Posted by N.O. via West-Cal
New Orleans
Member since Aug 2004
7178 posts
Posted on 3/7/17 at 8:06 am to
Yep, and as the WSJ piece yesterday noted, some of these people have prevailed against the government but only after untold amounts have time and money have been lost. It is troubling how comfortable so many are with authoritarianism.
Posted by Sidicous
Middle of Nowhere
Member since Aug 2015
17127 posts
Posted on 3/7/17 at 8:18 am to
quote:

She did absolutely nothing wrong? They just showed up and took "her family" money?

Seems odd.


Not so odd. Cops are people, same as every other group of people. Every day you read/hear about a carjacking, home invasion, etc.. Same thing essentially except the criminal sometimes plays dress up and has the authority of the state for his job.

Every society has a bad element in whatever segment it is broken down into. The "black community" refuses to cooperate with investigations, the "white trash" is the same. Families refuse to turn in their criminals too. Again, cops as a segment are the same. Each segment also has it's good people too.

A criminal is a criminal even if hiding behind a badge. Criminals take what they want, when they want, from whoever offers the least resistance. Cops have very little resistance to their armed robberies when the courts are stacked in their favor and their segment of society refuses to turn them over making their criminal segment essentially "super criminals".

Posted by Erin Go Bragh
Beyond the Pale
Member since Dec 2007
14916 posts
Posted on 3/7/17 at 8:20 am to
quote:

it's the fact that the government can seize assets without having to prove it.

We own nothing in this country. The government owns it all and we're allowed to use it with their consent.

Think you own that home you bought 30 years ago and worked feverishly to pay off? Get into a bind where you can't pay property taxes and discover who really owns that house.

They can even transfer your property to another individual, without your consent, if they deem it's in the community's interest to do so.
Posted by NYNolaguy1
Member since May 2011
20870 posts
Posted on 3/7/17 at 8:22 am to
quote:

She did absolutely nothing wrong? They just showed up and took "her family" money?


They didn't get a conviction...

So yeah she's presumed innocent. This concept must really irk you to make a comment like that.
This post was edited on 3/7/17 at 8:26 am
Posted by Paluka
One State Over
Member since Dec 2010
10763 posts
Posted on 3/7/17 at 8:29 am to
The Supreme Court needs to hear this case. Civil asset forfeiture is bullshite.
Posted by boosiebadazz
Member since Feb 2008
80182 posts
Posted on 3/7/17 at 8:37 am to
I read Thomas' statement. I think cert was denied because for whatever reason, the constitutionality of the forfeiture was not argued and addressed at the Texas Court of Appeals. I think it got (tacitly) remanded back down and may have a chance of coming backup again.

Great facts and I hope this is the test case. The fricking deed to the house she just sold was found in the bag of money.
Posted by Taxing Authority
Houston
Member since Feb 2010
57092 posts
Posted on 3/7/17 at 8:38 am to
quote:

Justice Clarence Thomas made it clear that he believes the current state of civil asset forfeiture law is fundamentally unconstitutional.
Posted by boosiebadazz
Member since Feb 2008
80182 posts
Posted on 3/7/17 at 8:38 am to
quote:

She did absolutely nothing wrong? They just showed up and took "her family" money?

Seems odd.




Read the statement of Thomas. The lady sold a house and had the cash from the house in the trunk. The executed deed to the house was found in the bag of money
Posted by Quidam65
Q Continuum
Member since Jun 2010
19307 posts
Posted on 3/7/17 at 8:59 am to
For those who want to read his opinion, it starts on page 16 of the link:

LINK
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