Author Topic: Forfeiture law finally challenged.  (Read 277 times)

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Forfeiture law finally challenged.
« on: March 20, 2019, 10:37:04 PM »
It has been somewhat scary watching asset forfeiture become the SOP of cities and states as they use their police to generate income and raise funds. I recall watching a grandmother lose her house because one of the children she was caring for sold drugs, and was wondering where it was going to stop. It is an easy sell to most unthinking, law abiding citizens on this practice. "We only seize the property of the bad guys who obtained it through crime."

The problem was that it became accepted, and then it started getting abused. It is now at the point where they can seize property, determine there is not enough evidence to prosecute a crime, and still keep that property.

Finally, it is declared not to be unconstitutional, but that it CAN be unconstitutional. At least it is a step in the right direction. (this article quotes the WSJ). There was a unanimous decision that the bill of rights does apply to states, and "the historical and logical case for concluding that the fourteenth amendment incorporates the excessive fine clause is overwhelming."

As somebody who has watched the erosion of liberties and freedoms across N. America (yes, Canada included) it was refreshing to see this decision. It is not the end of forfeiture (and the poor cities will have to find another way to steal the wealth of their citizens), but at least it is a step in the right direction.