Free Republic
Browse · Search
News/Activism
Topics · Post Article

One issue on which SCOTUS has consistently failed to properly address is sovereign immunity for public officials who fail to uphold their oath to the Constitution. FBI shouldn't have to have been shown to previously know that something they are doing is wrong. Regular citizens do not have that luxury.

When Courts regularly issues opinions stating that "Well, the FBI officials had no way of knowing that it was against the law to steal money while executing a search warrant which they lied to obtain" and thus sovereign immunity applies, you have serious problems with both the Court and the agency.

1 posted on 04/16/2023 9:06:06 AM PDT by CFW
[ Post Reply | Private Reply | View Replies ]


To: CFW

Here is a couple of links from Reason articles on this matter.

https://reason.com/2021/05/10/the-fbi-seized-heirlooms-coins-and-cash-from-hundreds-of-safe-deposit-boxes-in-beverly-hills-despite-knowing-some-belonged-to-honest-citizens/

https://reason.com/2021/07/29/fbi-seized-900000-from-safe-deposit-box-on-pure-conjecture-federal-judge-says/

And one from Fox News.

https://www.foxnews.com/us/fbi-took-life-savings-now-fighting-help-others-get-back


2 posted on 04/16/2023 9:09:19 AM PDT by CFW (old and retired)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: CFW

Why do I doubt this?


3 posted on 04/16/2023 9:15:08 AM PDT by nickcarraway
[ Post Reply | Private Reply | To 1 | View Replies ]

To: CFW

Law enforcement in the USA have been granted letters of marque, except instead of those letters allowing them to seize the property of enemy nations, they allow them to seize the property of the citizenry.


4 posted on 04/16/2023 9:17:17 AM PDT by Boogieman
[ Post Reply | Private Reply | To 1 | View Replies ]

To: CFW
What a poorly written article. The author claims "It’s about to become harder for lawless FBI agents to seize innocent Americans’ life savings" but in reality U.S Representatives Tim Walberg (R-MI) and Jamie Raskin (D-MD) just reintroduced the Fifth Amendment Integrity Restoration Act, H.R. 2857. There is no "about" there. It's a good idea, but the author way oversold how close it is to being implemented.

Additionally, he quoted Walberg with out saying who he was or referencing the House resolution number.

5 posted on 04/16/2023 9:24:48 AM PDT by KarlInOhio (Democrats' version of MAGA: Making America the Gulag Archipelago )
[ Post Reply | Private Reply | To 1 | View Replies ]

To: CFW

he FBI asked for permission to remove hundreds of safe deposit boxes from a business in Beverly Hills.

The parallels between that debacle and getting a warrant to seize “stuff” from MarALago are uncanny.

I can almost recite the 4th Amendment, verbatim....clearly states....particularly describing the items to be seized and the places it can be found.

Particularly describing the item(s) to be seized.....I’m looking for a stolen car

The places it can be found....I can’t search the drawers of in someone’s bedroom.

At least that’s the way it’s supposed to be.

Years ago, a friend that worked for the DEA said they would go to the US Post Office, FedEx, etc and run drug dogs through them to find the drugs, get a warrant and then do a controlled delivery.

That practice was stopped by a judge, who said it was a fishing expedition. After the practice was stopped, they would go to mailrooms based on a tip or information provided to them by an informant. He stated that the odors were overwhelming. Once the bad guys knew that the chances of their packages being intercepted were reduced to, basically, ZERO, it was wide open.


6 posted on 04/16/2023 9:29:48 AM PDT by qaz123
[ Post Reply | Private Reply | To 1 | View Replies ]

To: CFW

This is long overdue, but from the description of the bill I can’t tell if it addresses one of the biggest problems with current forfeiture laws. That problem is the legal theory that it is the property itself, and not its owner, that is in essence being “charged” with a crime, and therefore since property has no constitutional rights no probable cause or warrant is necessary. That absurd practice must be stopped. It’s one of the reasons it’s so difficult to get improperly seized assets back.


7 posted on 04/16/2023 9:31:22 AM PDT by noiseman (The only thing necessary for the triumph of evil is for good men to do nothing.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: CFW

The United States Constitution already protects the property owners from illegal seizures. The FBI agents should be charged and prosecuted for theft of property.


10 posted on 04/16/2023 10:05:46 AM PDT by ScottfromNJ
[ Post Reply | Private Reply | To 1 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson