Posted on 10/11/2011 10:51:43 PM PDT by TenthAmendmentChampion
Russell and Patricia Caswell are a hard-working couple who may soon have their American Dream taken from them by the unholy alliance of local and federal law enforcement officials seeking to cash in on the Caswell’s property.
The Caswells face this dilemma even though they have broken no law and have spent their entire professional career working to combat crime with the very police force that now seeks to take their property though civil forfeiture. What is happening to Russ and Pat, however, is by no means an isolated instance and local law enforcement’s end-run around state laws designed to end the abuse of civil forfeiture should give anyone who owns Massachusetts property pause.
(Excerpt) Read more at bostonherald.com ...
The Hyatts and Hiltons of the world have enough dough to beat back any attempts like this to “civil forfeit” their properties — and so municipalities don’t even try. A small private operation? Not so much.
I wonder if there was somebody they forgot to pay off.
Profanity is just too weak...
If they’d had a million dollar mortgage, I bet this would not have happened. But they thought this was the United States.
There’s a request to join page on FB to support the Caswell family.
http://www.facebook.com/groups/205535212848253/
This is really short on facts.
On what pretense is the local government attempting to take property?
Drugs, Taxes, Domain? What?
/johnny
Going to the linked news article, I see it appears to be about alleged use of the property to facilitate drug deals. Maybe the owners were believed to have winked too much — what hotel DOESN’T see drug crime sooner or later? Maybe they forgot to pay off the right people or make the right friends in the town.
30 arrests out of 125,000 room rentals over a 16 year period. It's sickening how corrupt law enforcement has become.
Is there any case law about situations like this? You gotta know that any hotel is going to see its share of the seedy who look perfectly proper at the check-in desk.
B) It's good form to get to the nut cut of the issue up front, to put it bluntly.
Put the issue up there. First.
So, it's a case of Federal Government taking property. (for whatever cause).
First, check the Constitution. Does it allow the Federal Government to take property, outside of 10 square miles for the seat of government and required military facilities?
Didn't think so.
Next case.
/johnny
We never gave government that power.
They are usurping powers they were not delegated.
Wars have been started over that.
/johnny
It’s a little late for that... unless the rednecks take over Washington.
Jerks like me just need to keep pointing out that we didn't give the Feral Gooberment carte blanche. We tied them down with a Constitution.
And if they keep abrogating it, they own the fall-out.
/johnny
And if you go murmur it in a well, guess what happens.
That's always a good place to start, law of the land, and all.
/johnny
What do I have to lose besides a few years of wheezing?
No hostages for bad guys or government (who can tell, these days?).
/johnny
Which doesn’t do squat in a court... trying to raise some information that might actually help these people in a practical world.
One would think a red-neck mite rile up a bit at that.
/johnny
I’m sure this is going to be one of a thousand motions their attorneys will make, and will be amiss not to make. But they have to be careful not to annoy the grudge, er I mean judge too much because that closes off avenues.
I mean man, it’s easy enough for you as keyboard cowboy to braggadocio about what you’d do in their shoes. That’s moot, because they’re in their shoes — you aren’t.
Anyhow some practical freeper may know if this is unprecedented even in case law. If so that could make a quick end of it.
Send lawyers, guns, and money.
Fairly good advice. I can't improve on it, unless you want to send cannons and ships.
Because I can't fix it.
/johnny
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