Posted on 11/04/2021 8:48:55 AM PDT by dmam2011
One of government’s most shocking powers is civil asset forfeiture or seizure. This power occurs when law enforcement confiscates private property with or without charging the owner with a crime.
In Tennessee, the betting odds say it is more likely personal property will be taken by law enforcement than through a robbery. Scary, isn't it? Going back slightly more than a decade you will find Tennessee law enforcement has taken more than $150 million in cash and personal property – without criminal charges or legal accusations of criminal activity. The proceeds from these types of seizures are generally applied to policing budgets for equipment, computers, facilities, vehicles or training. The concerns for these abuses are highly visible after The Institute for Justice released a study scoring Tennessee with a “D-“ for “appalling civil forfeiture laws” at the state level. That’s not a statement made from a lack of facts or understanding. In late 2019, the U.S. Commission on Civil Rights wrote to Tennessee officials stating our civil asset forfeiture laws were among the least protective of property owners in the entire United States. Tennessee is unique to nearly all other states by requiring property owners to pay a Cost Bond to initiate the process necessary to have wrongfully seized property returned. That fee? $350.
(Excerpt) Read more at clarksvillian.com ...
Is that a constitutionally authorized power or is it illegal tyranny?
Another easy solution. Mandate sanctions, penalties, and ouster of government officials for committing unconstitutional, and thus illegal, acts like "asset seizure".
There should be no civil asset forfeiture.
If a crime has been committed then any penalties or fines imposed should be limited to those defined by statute and only collected after a conviction for the crimes in question.
First there was RICO where the state could take a defendant’s property or prevent him from using his resources to defend himself before proving him guilty.
Exactly
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