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The Water Cooler
General Discussion
Supreme Court Will Decide If Civil Forfeiture Is Unconstitutional, Violates The Eighth Amendment
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<blockquote data-quote="Tanis143" data-source="post: 3131079" data-attributes="member: 43724"><p>I stated this in my reply and agree that users should not become felons. The dealers should. That's why I said this particular case he should lose his ride, regardless of the value of it, IF it was used in the process of distributing an illegal narcotic. However, this case doesn't touch on the true abuse of CF where the person was not convicted and/or charged with a crime yet lost assets to police departments who get to keep the assets. That runs afoul of the 4th. Having it seized and put in an evidence locker then released when not convicted or charged is ok. But CF basically allows police departments to seize cash and assets and keep it regardless.</p></blockquote><p></p>
[QUOTE="Tanis143, post: 3131079, member: 43724"] I stated this in my reply and agree that users should not become felons. The dealers should. That's why I said this particular case he should lose his ride, regardless of the value of it, IF it was used in the process of distributing an illegal narcotic. However, this case doesn't touch on the true abuse of CF where the person was not convicted and/or charged with a crime yet lost assets to police departments who get to keep the assets. That runs afoul of the 4th. Having it seized and put in an evidence locker then released when not convicted or charged is ok. But CF basically allows police departments to seize cash and assets and keep it regardless. [/QUOTE]
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The Water Cooler
General Discussion
Supreme Court Will Decide If Civil Forfeiture Is Unconstitutional, Violates The Eighth Amendment
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