Civil Forfeiture may be on the way out

Flyn

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SCOTUS rules against heavy fines and seizures police have been using to make money for their departments. May be the last time anyone loses their ride for a "crime" like drag racing.

In a unanimous decision, the Supreme Court on Wednesday ruled to drastically curb the powers that states and cities have to levy fines and seize property, marking the first time the court has applied the Constitution’s ban on excessive fines at the state level.

Justice Ruth Bader Ginsburg, who returned to the court for the first time in almost two months after undergoing surgery for lung cancer, wrote the majority opinion in the case involving an Indiana man who had his Land Rover seized after he was arrested for selling $385 of heroin.

“Protection against excessive fines has been a constant shield throughout Anglo-American history for good reason: Such fines undermine other liberties," Ginsburg wrote. “They can be used, e.g., to retaliate against or chill the speech of political enemies. They can also be employed, not in service of penal purposes, but as a source of revenue.”
https://www.foxnews.com/politics/supreme-court-rules-to-curb-powers-of-states-to-impose-heavy-fines-and-seize-property
 

MrDragster1970

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Dragracing is not a crime and has never been a crime.

Being a POS loser that is illegally street racing is 100% committing a crime.

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GLIGTO

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Yeah but also there's street racing, and then there's street racing. You have your moronic Fast and Furious wannabes that race through traffic and endanger everyone, and then that you have the real (or at least what I would consider "real") Street Racers that go somewhere in an Industrial Park away from anyone and everything to where they can really only hurt themselves. That type of thing was going on long before the moron Vin Diesel crowd came along and it was never a big deal because it rarely impacted the general population, most didn't even know about it lol. Just my 2c.
 

sickmint79

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Yeah but also there's street racing, and then there's street racing. You have your moronic Fast and Furious wannabes that race through traffic and endanger everyone, and then that you have the real (or at least what I would consider "real") Street Racers that go somewhere in an Industrial Park away from anyone and everything to where they can really only hurt themselves. That type of thing was going on long before the moron Vin Diesel crowd came along and it was never a big deal because it rarely impacted the general population, most didn't even know about it lol. Just my 2c.
why not go to a drag strip anyway, i see people bitch places like there's nowhere to race even though there are places to go do so and more safely for all.

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anyway the topic is not about that, but shit like the cops taking 10 grand of your cash, because well, obviously if you have 10 grand cash on you you were doing something illegal - so prove that you didn't do something illegal to get it and then maybe eventually they will give you the money back. but probably not.

this has been a hot topic at reason for some time: https://reason.com/tags/asset-forfeiture

Nearly a fifth of the 4,000 people who had their property seized by South Carolina police between 2014 and 2016 were never arrested nor even charged with a related crime. Under typical civil asset forfeiture laws, police can seize cash, cars, houses, and other property suspected of being connected to criminal activity even if the owner is never convicted of a crime [...]

For example, there's the case of Ella Bromell, an elderly woman in Conway, South Carolina. Police and city officials tried to seize her house through civil asset forfeiture because of small drug deals taking place on her property, even though she was not connected in any way to the sales and had repeatedly tried to get rid of the dealers.
 
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Flyn

Flyn

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Yeah, drag racing was just an example. 'mint is correct about these other instances of civil forfeiture being used, sometimes, without charges.

Good move by SCOTUS.
 

Ryan02Stang

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This should include Illinois "Court Costs" they drop on you after tickets. I got a ~$300 ticket once, with ~$400 court costs dropped on top!
 

Mr_Roboto

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why not go to a drag strip anyway, i see people bitch places like there's nowhere to race even though there are places to go do so and more safely for all.

------------

anyway the topic is not about that, but shit like the cops taking 10 grand of your cash, because well, obviously if you have 10 grand cash on you you were doing something illegal - so prove that you didn't do something illegal to get it and then maybe eventually they will give you the money back. but probably not.

this has been a hot topic at reason for some time: https://reason.com/tags/asset-forfeiture

Nearly a fifth of the 4,000 people who had their property seized by South Carolina police between 2014 and 2016 were never arrested nor even charged with a related crime. Under typical civil asset forfeiture laws, police can seize cash, cars, houses, and other property suspected of being connected to criminal activity even if the owner is never convicted of a crime [...]

For example, there's the case of Ella Bromell, an elderly woman in Conway, South Carolina. Police and city officials tried to seize her house through civil asset forfeiture because of small drug deals taking place on her property, even though she was not connected in any way to the sales and had repeatedly tried to get rid of the dealers.
Yeah, asset seizure should be an option but not in the way it's being done now which is utterly insane. A city should not be able to use this is revenue.
 

MrDragster1970

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So a moron thinks it's perfectly fine to pick & chose which laws he follows, then whines like a liberal to the police when he gets his ass beat, car stolen or house cleaned out.
Same as the POS that rape our children, mugs our Grandmothers, or murders a theater full of people!!!!

A POS LOSER committing a crime is a criminal, you don't get to pick which laws you follow.

The government or anyone else has no right to steal someones property until they are convicted of a crime and it's PROVEN they have ill gotten gains.
I'm all for deterring crime. Don't be a criminal and they won't take your stuff!!!

.
 

nytebyte

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Nearly a fifth of the 4,000 people who had their property seized by South Carolina police between 2014 and 2016 were never arrested nor even charged with a related crime. Under typical civil asset forfeiture laws, police can seize cash, cars, houses, and other property suspected of being connected to criminal activity even if the owner is never convicted of a crime [...]
That sounds like the exact definition of THEFT to me.
 

sickmint79

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So a moron thinks it's perfectly fine to pick & chose which laws he follows, then whines like a liberal to the police when he gets his ass beat, car stolen or house cleaned out.
Same as the POS that rape our children, mugs our Grandmothers, or murders a theater full of people!!!!

A POS LOSER committing a crime is a criminal, you don't get to pick which laws you follow.

The government or anyone else has no right to steal someones property until they are convicted of a crime and it's PROVEN they have ill gotten gains.
I'm all for deterring crime. Don't be a criminal and they won't take your stuff!!!

.
i personally pick and choose what laws i follow, there are stupid laws, why do you get all old man excited about this point? like how old are you, were there laws about things white people could do but black people couldn't when you were a kid? should everyone have followed them, because hey, the law is the law? did you know that the people who founded this country also broke the law? POS criminals!
 

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