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S.C. Judge: Unconstitutional for Police to Seize Property Without Proving Crimes
reason ^ | 10.23.2019 | SCOTT SHACKFORD

Posted on 10/26/2019 12:09:08 PM PDT by Mount Athos

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1 posted on 10/26/2019 12:09:08 PM PDT by Mount Athos
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To: Mount Athos

truncated title to fit


2 posted on 10/26/2019 12:09:29 PM PDT by Mount Athos
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To: Mount Athos

“S.C. Judge: Unconstitutional for Police to Seize Property Without Proving Crimes”

Uh, yeah? No kidding?


3 posted on 10/26/2019 12:12:10 PM PDT by VanDeKoik
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To: Mount Athos

bttt


4 posted on 10/26/2019 12:13:47 PM PDT by BenLurkin (The above is not a statement of fact. It is either opinion or satire. Or both.)
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To: Mount Athos

Let’s get this going all the way to SCOTUS.

Right now local & state cops are no better than Mexican cops when it comes to shake-downs.


5 posted on 10/26/2019 12:14:52 PM PDT by sevlex
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To: Mount Athos
I'm not sure that I have a problem with something resembling "civil forfeiture" when there's a criminal conviction connected to the thing being seized.

For example,if large quantities of drugs are being sold out of a particular home and the owner(s) of that home knew about it and did nothing to stop it I can see making loss of that home as being part of a guilty plea or verdict.

But stopping a guy on the highway for a broken tail light and seizing the $5,000 in cash that he's carrying because it *might* be drug related is criminal.

6 posted on 10/26/2019 12:20:38 PM PDT by Gay State Conservative (A joke: Brennan,Comey and Lynch walk into a Barr...)
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To: Mount Athos

They’ve enjoyed their gravy train for years. They won’t go down without a fight.

Rotten bastards.


7 posted on 10/26/2019 12:23:13 PM PDT by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: Mount Athos

So, our ARs and AKs are safe from beat0?


8 posted on 10/26/2019 12:24:09 PM PDT by rktman ( #My2ndAmend! ----- Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?)
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To: unixfox

We have that crap here in Louisiana. It never should have been allowed to take root.


9 posted on 10/26/2019 12:25:18 PM PDT by abb
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To: VanDeKoik

Yea really.....Sounds like a complete no brainer on it’s face.


10 posted on 10/26/2019 12:25:57 PM PDT by traderrob6
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To: Mount Athos

Only the IRS is entitled to take the property of citizens without due process, or even a suspicion of criminal behavior. The only “crime” that need be proven is that the property exists, and the IRS won’t tolerate competition. As onerous as the police seizures are, they don’t compare to the injustices inflicted by the federal government.


11 posted on 10/26/2019 12:28:20 PM PDT by Spok
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To: Mount Athos

Attention red flag law states.


12 posted on 10/26/2019 12:28:40 PM PDT by DPMD
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To: Mount Athos

I’ve no problem with asset foreiture- since our Founders had no problem with it.
In certain circumstances- mostly smuggling.

But the abuse now is rampant.


13 posted on 10/26/2019 12:28:42 PM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: Gay State Conservative

Welcome to Sanders/Harris/o’rourke World. And, without a 2nd Amendment, how much worse does anyone think it could get?


14 posted on 10/26/2019 12:30:16 PM PDT by DPMD
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To: Mount Athos

‘...because the statutes
“(1) place the burden on the property owner to prove their innocence,
(2) unconstitutionally institutionally incentivizes forfeiture officials to prosecute forfeiture actions, and
(3) do not mandate judicial review or judicial authorization prior to or subsequent to the seizure.”

I might argue that the first two could apply to red flag laws.


15 posted on 10/26/2019 12:31:21 PM PDT by KrisKrinkle (Blessed be those who know the depth and breadth of ignorance. Cursed be those who don't.)
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To: Mount Athos

This was always a BS policy/system paying police depts to steal from citizens. If anything the money should be used for anything BUT law enforcement.

Kind of the same logic about welfare...pay a man not to work they won’t. Pay a police dept to steal from citizens and they will.


16 posted on 10/26/2019 12:40:26 PM PDT by for-q-clinton
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To: Gay State Conservative

Even in the case you say is ok, the police dept should not get the money. Maybe the general fund or something else, but you can’t pay the police to steal. It gives them too much incentive to lie and fabricate evidence to ensure they get their payday.


17 posted on 10/26/2019 12:41:44 PM PDT by for-q-clinton
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To: Gay State Conservative

Well gee.
That’s really great of you.

Since nobody else minds it if there is a conviction first either. The whole reason for the conversation at all is because a conviction hasn’t been required for many decades.


18 posted on 10/26/2019 12:42:47 PM PDT by MrEdd (Caveat Emptors)
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To: All

Amazing. A judge figured this out...


19 posted on 10/26/2019 12:42:53 PM PDT by veracious (UN=OIC=Islam; USgov may be radically changed, just amend USConstitution)
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To: Gay State Conservative
“I'm not sure that I have a problem with something resembling “civil forfeiture” when there's a criminal conviction connected to the thing being seized.”

Posted the Freeper in a forum that the left has called to criminalize.......

Why would you want to give any “public servant” the power to take everything away from you? Being Jewish was not a death sentence in Germany in the 1920s and yet by the 1930s the Nazis has begone to perform “civill asset forfeiture” and reducing Jews to poverty.

20 posted on 10/26/2019 12:43:48 PM PDT by wildcard_redneck (If the Trump Administration doesn't prosecute the coup plotters he loses the election in 2020)
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