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  #1  
Old 02-21-19, 01:46 AM
Yappi Yappi is offline
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Supreme Court curbs power of government to impose heavy fines and seize property

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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.”
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https://www.foxnews.com/politics/sup...seize-property
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  #2  
Old 02-21-19, 06:22 AM
frecriss frecriss is offline
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This is good I think. As for the case noted above, cities and states will likely start imposing the maximum sentences for such crimes.
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Old 02-21-19, 08:53 AM
lotr10 lotr10 is online now
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Great ruling by the SCOTUS. It's also nice to see a united court on some legal rulings.

I've always hated the idea of the DARE car that local police trot out to show they're waging a war on drugs. Understanding how easy it was for law enforcement to steal someones property based only on a suspicion left me underwhelmed by these displays.

I'm big time pro police but these for profit law enforcement efforts by State & Local authorities IMO represent long term threats to police/community relations. There's a reason we insist on a trial before a jury of our peers before being sent to jail or having our property confiscated.
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Old 02-21-19, 09:18 AM
Bigscarletandgrey Bigscarletandgrey is offline
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I'm certain this will also apply to Fish and wildlife.

Fish without a license and have your boat, car and gear all confiscated.
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Old 02-21-19, 09:23 AM
TigerPaw TigerPaw is online now
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Like most things, a few rotten apples spoil the bunch. And that is assuming well intentioned from the start, which is a stretch imo. You are correct that "asset seizure" did/does not require a criminal conviction or any proof the seized property was acquired by or linked to any crime. I find it hard to believe anyone ever thought that was a good idea let alone constitutional, and wouldn't be abused. I mean who wouldn't want a free Land Rover?
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Old 02-21-19, 05:57 PM
domi domi is offline
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Quote:
Originally Posted by lotr10 View Post
Great ruling by the SCOTUS. It's also nice to see a united court on some legal rulings.

I've always hated the idea of the DARE car that local police trot out to show they're waging a war on drugs. Understanding how easy it was for law enforcement to steal someones property based only on a suspicion left me underwhelmed by these displays.

I'm big time pro police but these for profit law enforcement efforts by State & Local authorities IMO represent long term threats to police/community relations. There's a reason we insist on a trial before a jury of our peers before being sent to jail or having our property confiscated.
Very well said. I just can't believe it took this long for a case like this to make it to SCOTUS. When police are allowed to seize civil assets and keep them, sometimes without even charging anyone with a crime let alone conviction, there's a serious problem.
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Old 02-21-19, 09:02 PM
m14brian m14brian is offline
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How many corrupt small town police depts have used the whole drug related crimes nonsense to seize whatever they want.
Why this has not been set straight years ago is ridiculous.
We will see if this changes anything.

What we will witness is the following:

Politicians dont like a certain thing and SCOTUS verifies you cant do that! Politicians are happy and say yea see SCOTUS says so.
SCOTUS then rules on something they dont like.
Polticians.. we dont have to do what you says SCOTUS, status quo continues.

I do not believe in or adhere to Judicial Supremacy.
When they do their constitutional duty and full fill there check and balance it is good to see.
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