Allowing Cops To Keep Seized Loot is Unconstitutional

Associated Press ^ | Dec. 12, 2002 | John Curran

[Dead Corpse]

Hey. You forgot to notice that this case was about asset forfeiture, not the drug charge itself.

Then again, from you its about what we have come to expect.

Pathetic.

[vin-one]

That would be one of the consequences of not raising your child properly.

you truly are unbeliveable, what an @@@.

[unixfox]

Unfortunately we have an UNCONSTITUTIONAL agency in this country called the IRS. They seem to think they do have the UNCONSTITUTIONAL right to seize assets, audit papers, and completely destroy ones life, liberty and their pursuit of happiness.

So...the 4th amendment has been dead for a long, long, long, time.

[Kerberos]

"Cars are also seized for violating prostitution statutes, so I'm not sure I'm buying that."

Can you provide an example and by what legal mechanism are they seized?

[FreeTally]

Can you provide an example and by what legal mechanism are they seized?

It actually happens all of the time. Many jurisdictions have passed such laws. They make absolutely no sense, but were based upon other asset forefiture laws. The notion that "government" can make a law that they get any or all of your property if you break other laws is completely absurd, and the fact that they have been left to stand shows how corrupt government on all levels really is.

[philman_36]

The judge agreed with Thomas' lawyer, stating in his opinion that the seizures give law enforcement "financial interests which are not remote as to escape the taint of impermissible bias in enforcement of the laws."
At least one judge "gets it"!

[hoosierham]

A New Jersey judge got THIS one correct !!!!!!

Asset forfeiture laws are just another corrupting influence on law enforcement.

[philman_36]

Im not generally a fan of democracy in general...
Nor I, but you're not talking Democracy. Local elections are based upon democratic principles, not Democracy, just like our nation was founded on Christian principles, not the religion itself.
Those democratic principles in no means compromise the Republic founded or automatically make our form of government a Democracy. Too many other distinct things make it a Republic.

[Kerberos]

"So if someone gets busted for (example) trafficking 100 keys of heroine using a boat or car, they Govt should pay for storage of the vehicles until he/she/they are out of prison?"

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 offense 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." Amendment 6 of the Constitution.

Hey sorry I didn’t make the rules some old guys did a long time ago. So if you feel that they are an impediment for us to protect the health, safety, and welfare of the people, then have the honesty to stand up and say so and advocate that this portion of the Constitution needs to be deleted. Don’t just subvert it through un-constitution means and then try to proclaim that you support “the rule of law” That is just being part of the ends justifies the means crowd, and that is the point at which there becomes no difference between liberals and conservatives.

[A2J]

A New Jersey judge got THIS one correct !!!!!!

No doubt a liberal judge at that.

[bvw]

Salem County -- like Glouchester and Cape May Counties are all in the deep south of Jersey, below the Mason-Dixon Line and are more akin to the old south in social and political bent.

[from occupied ga]

So...the 4th amendment has been dead for a long, long, long, time.

While technically correct, asset forfiture for the mere accusation of a crime is an egregious escalation of the immoral and unconstitutional activities of the government. Virtually all asset seizures are not as the result of a conviction, but rather as the result of an accusation. It's bad enough to arbitrarily seize assets as the result of a conviction, but in many cases no charges are ever filed or if filed then dropped.

[philman_36]

... they chase the smoke from the bongs.
So what! You blow smoke out of your posterior.
How you manage that with your head in there is beyond me, but you manage.
Don't like that? WAH!

[bvw]

"tempest movement

Very agressive those electromagnetic spectrum police!

[Kerberos]

"The notion that "government" can make a law that they get any or all of your property if you break other laws is completely absurd, and the fact that they have been left to stand shows how corrupt government on all levels really is. "

Thank you for helping to point out the blatantly obvious. Of course, you forgot to mention that with the forfeiture laws the government never has to prove that you in fact broke other laws. All they have to do is allege that you broke other laws. Many forfeiture cases are never prosecuted on the criminal side but that doesn't make any difference. You still don't get your property back.

[Kerberos]

"Very agressive those electromagnetic spectrum police!"

Unfortunately I only noticed that after I posted. Oh well what can I say I sometimes make mistakes.

[FreeTally]

Of course, you forgot to mention that with the forfeiture laws the government never has to prove that you in fact broke other laws. All they have to do is allege that you broke other laws. Many forfeiture cases are never prosecuted on the criminal side but that doesn't make any difference. You still don't get your property back.

Yep. And I have never seen a defender of asset forefiture laws explain why this is just - that is, a person never charged or convicted not getting property back.

[smoking camels]

your IQ is as low as the temps this morning here in CO

[galt-jw]

the drug nazis lose. what a bunch of statist bastards.