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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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To: Mount Athos

No, absolutely none, asset forfeiture without a conviction in a criminal court.

The so-called War on Drugs has done more damage to our constitutional Liberties over the last 45 years than the Democrats.

Even more disgusting is the fact that it’s been pretty much a bipartisan effort to trash the Bill of Rights.


21 posted on 10/26/2019 12:44:21 PM PDT by ChildOfThe60s (If you can remember the 60s........you weren't really there)
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To: Mount Athos

The police became the modern Highwaymen. It’s amazing it took this long to clean this up. The fact is it has affected how a lot of people see this nation for a long time. At the end of the day, as much as I’d like it 2B, this nation is no Norman Rockwell painting.


22 posted on 10/26/2019 12:53:19 PM PDT by cuban leaf (The political war playing out in every country now: Globalists vs Nationalists)
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To: Mount Athos

I wonder how much of that actually makes it to dept funding as much as lining the pockets of the individual officers.


23 posted on 10/26/2019 12:54:20 PM PDT by metmom ( ...fixing our eyes on Jesus, the Author and Perfecter of our faith...)
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To: Mount Athos

Hi.

Boss Hogg is not pleased.

5.56mm


24 posted on 10/26/2019 12:55:25 PM PDT by M Kehoe (DRAIN THE SWAMP! BUILD THE WALL!)
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To: Gay State Conservative
'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.

It's one thing for the criminal evidence being seized but when it also includes personal properties such as cars and homes, then that has to stop.

Michigan lawmakers vote to limit civil asset forfeiture

Report: Michigan Police Kept $15 Million Taken Mostly From ‘Little Guys’ In 2018

25 posted on 10/26/2019 12:56:45 PM PDT by Hot Tabasco (I'm in the cleaning business.......I launder money)
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To: Mount Athos

This is like ruling that the police bashing down your door, abducting your children, and selling them to human traffickers is unconstitutional.

Really?

We’re only getting this ruling now?

Fifty years after this heinous practice became commonplace?

And only in one state?

Even though this heinous practice is followed in all 50 states (57 if you’re a democrat).


26 posted on 10/26/2019 1:10:55 PM PDT by samtheman (Never underestimate The Stupid on the left... or the evil in the heart of a bureaucrat.)
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To: Mount Athos

About time. While I like the overall job performance of my Spartanburg county sheriff, his reliance on forfeiture without conviction had always been troubling.


27 posted on 10/26/2019 1:21:55 PM PDT by buckalfa (TheA best two years of my life were spent in the third grade.)
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To: MrEdd
I said that that it had to be related to a criminal conviction.IOW,the seizure would be part of a “fine”. Many crimes have sentences like “One year in the county jail and/or a $1,000 fine”.
28 posted on 10/26/2019 1:25:44 PM PDT by Gay State Conservative (A joke: Brennan,Comey and Lynch walk into a Barr...)
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To: Mount Athos
This incentivizes police to look for people who have assets that can be seized.

Yep! Same with setting quotas to judge “performance” which creates incentives to ticket “infractions” which cannot be proved by any means other than the say so of the cop writing the citation. Lots of abuse.

29 posted on 10/26/2019 1:26:17 PM PDT by immadashell (Save Innocent Lives - ban gun free zones)
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To: Hot Tabasco
It's one thing for the criminal evidence being seized but when it also includes personal properties such as cars and homes, then that has to stop.

When it's connected to a criminal conviction it stops being a "forfeiture" and becomes a "fine".Many crime have listed as a possible punishment jail time and/or a fine.

30 posted on 10/26/2019 1:28:30 PM PDT by Gay State Conservative (A joke: Brennan,Comey and Lynch walk into a Barr...)
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To: Gay State Conservative
When it's connected to a criminal conviction it stops being a "forfeiture" and becomes a "fine".

I understand that but that's not the issue here. What is at issue is the property that has been seized is quite frequently disposed of before a criminal trial has even been held.

And in the articles I posted, there were no convictions but yet the property was gone.........

You don't confiscate the property following an alleged crime, dispose of it then say OOPS after you have sold it off and the defendant was found innocent........

31 posted on 10/26/2019 1:46:05 PM PDT by Hot Tabasco (I'm in the cleaning business.......I launder money)
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To: Hot Tabasco

OK,so change the law to read that property seized cannot be desposed of until after a guilty verdict has been handed down. And as I’ve said before...seizures without a criminal conviction would stop.


32 posted on 10/26/2019 1:48:53 PM PDT by Gay State Conservative (A joke: Brennan,Comey and Lynch walk into a Barr...)
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To: Mount Athos

The state cannot assume We the People are criminals but the cops never are.

Some cops routinely shake down dope dealers, pocketing cash AND their drugs— without ever writing a report or turning in the seized goods to the evidence room.
They’ll turn around & sell the confiscated drugs.


33 posted on 10/26/2019 1:50:02 PM PDT by mumblypeg
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To: Gay State Conservative

You don’t believe in the presumption of innocence?


34 posted on 10/26/2019 1:50:48 PM PDT by erkelly
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To: Gay State Conservative
so change the law

I'm all for it, that's the whole purpose of this thread isn't it?

35 posted on 10/26/2019 1:52:22 PM PDT by Hot Tabasco (I'm in the cleaning business.......I launder money)
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To: erkelly
Just as people can be detained...temporarily...until a trial concludes,things can be detained in the same way and for the same reason.
36 posted on 10/26/2019 1:53:27 PM PDT by Gay State Conservative (A joke: Brennan,Comey and Lynch walk into a Barr...)
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To: Mount Athos

I’m a SHTF guy. I have XX,000,in cash and other valuable minerals. I do not take or sell drugs. They can take my assets away? Do you question why I’m a SHTF guy?


37 posted on 10/26/2019 1:56:11 PM PDT by Starstruck (I'm usually sarcastic. Deal with it.)
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To: samtheman

“Really? We’re only getting this ruling now? And only in one state?”

Finally. And during the Trump administration.

I know he didn’t directly cause it, but the man in the WH sets the tone.
The tide is turning, and he’s the guy who started it by making waves.


38 posted on 10/26/2019 1:58:37 PM PDT by mumblypeg
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To: ChildOfThe60s

This did not start with drugs.
This started with game wardens.
Sorry to harsh your buzz.


39 posted on 10/26/2019 2:03:39 PM PDT by MrEdd (Caveat Emptors)
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To: MrEdd

And game wardens in Indiana have way too much authority. They can invade your property without warrant looking for violations.


40 posted on 10/26/2019 2:13:20 PM PDT by hoosierham (Freedom isn't free)
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