Good on Gorsuch.
All limitations of Federal power in the Constitution should apply to the states. And THAT is way too much government as it is.
A friggen Plus.
One of the worst abuses of the WoD is / (was) confiscation.
Indeed. Criminals should be punished, but this theft by law enforcement needs to end.
So Indiana has had this guy's Land Rover for SIX YEARS, and they are just getting around to a trial? Asset Forfeiture is the “mother's milk” of law enforcement today.
I saw one case where a seized Corvette had been painted up as a cop car and was being used by the agency that seized it. What's next a seized Class A motorhome turned into a "mobile command post?" And I will bet you that every f*cking "nice gun" they take from a criminal is in some cops holster.
Bump!
It’ about time... But too late to help all the old folks who have already lost their life’s savings and properties through 40-years of blatant theft by all levels of government in the U.S.
How will the Trump-hater media spin this? Will the libs be pro-forfeiture?
Good.
In this particular case,however,I have absolutely no problem with his $40K car being seized if he was,in fact,*convicted* of using it in the sale of $400 worth of heroin.The distribution of large quantities of certain drug (including heroin) is about as serious as it gets.
Be interesting to see the split between the liberals and conservatives on the court. Typically the libs support Gov’t oppression of citizens by any means available.
This case is particularly relevant because it involves an admitted drug crime (albeit a miniscule amount of drugs involved). If the Court rules that the State went over the line in a case involving a criminal conviction, how is seizure of property where no crime is ever proved going to be allowed?
Maybe an end to asset forfeiture when no charges are made is in sight.
Excellent news on 2 fronts:
1) The asset confiscation part of the War on (Some) Drugs will be severely curtailed. I’d love to see the ban on getting on an airplane with more than $10K in cash without declaring it voided also (not that I’d do it, but it is incredibly insulting), but I’m not going to hold my breath.
2) Gorsuch’s response on this issue is extremely heartening. This explicitly means that state laws that are more draconian on the gun issue will be more likely to be struck down. Can’t wait for bans on “high-capacity” magazines to be flushed down the crapper, to be immediately followed by the joyous gnashing of teeth and crying on the Left.
It’s interesting that both libs and conservatives hate Civil asset Forfeiture. You can’t find anyone supporting it anywhere who isn’t a member of a police organization. Just as much outrage and loathing of it on DU as here.
The problem with civil asset forfeiture goes beyond the issues in this case.
It is being used to cease assets when no conviction of any crime has taken place, and to require the innocent to go to court to get assests back when ceased in such cases. In some jurisdictions it is being used to fund police and state justice department programs, which because a corrupting influence - it’s right to do BECAUSE the jurisdictions involved want the money.
In Philly’s HEROIN Badlands the confiscation of vehicles was seemingly the goal of the PPD. You see a full scale police operation to shut down the heroin trade was “impossible”. An operation that resulted in dozens of drug addicts cars being confiscated after buying heroin went off without a hitch! Those confiscated vehicles turn to cash for the authorities.
A little late for that guy Donald Scott in the Santa Monica mountains the feds killed so they could steal his land.
Methinks this a good move.
We can thank that black-robe fascist Rehnquist for digging into English common law on piracy on the seas to justify asset forfeiture in America. It was one of the most abominable decisions in USSC history.
Even Oregon eliminated such confiscations many years ago.