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.
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.
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Near Bakersfield, CA, they charged a Combine Harvester with killing some endangered ground squirrels.
Why have they not used this ‘theory’ on guns yet?
They talk like the guns do the crime.
Maybe the gun has relatively low value, and charging the ‘gun’ lets the shooter off??