Posted on 02/05/2004 11:24:12 AM PST by george wythe
No! not wife's car, girlfriend's car - I don't plan to marry...
You know what I mean
Source please.
Both the 4th and 5th apply to forfeiture:
Amendment IV:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V:,br> No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
But what does it matter? We could have two amendments or twenty, government will ignore them all the same.
Thank goodness! (I was worried there for a second.)
ST. LOUIS--"A measure to reform Missouri's Civil Asset Forfeiture Act (CAFA) to ensure that police departments deposit seized assets into a public education fund, as required by the Missouri Constitution, will be signed into law today by Governor Bob Holden in Jefferson City."
"The American Civil Liberties Union, which has criticized asset forfeiture laws as a “license to steal,” called passage of the reform measure “a victory for all Missourians.”
-- aclu.org/CriminalJustice/CriminalJustice.cfm?ID=7267&c=51
Back to your point. The property is seized under the 4th amendment and it's constitutional. If the ACLU wishes to fight this seizure by saying it violates the Due Process clause of the 5th amendment (or the Excessive Bail clause of the 8th amendment), they're welcome to try.
BTW, the Civil Asset Forfeiture Reform Act of 2000 addressed and corrected a lot of problems with federal asset forfeiture. Of course, the states are free to write their own.
The new asset forfeiture regulations are found here. A good summary of the changes are found here in PART II, about half-way down. Read to the end. It should address your concerns.
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