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To: Svartalfiar
[Their argument is] Since it's money and not a person being held, there's no innocent til proven guilty thing

That argument should fail in court because if the seizure wasn't based on probable cause to believe the item was associated with a crime, the seizure violates the 4th Amendment and is illegal.

what if they find some pot or something in your car in that search? With no warrant/permission, should they be allowed to use any evidence from that against you?

If it is illegal possession, then yes, because it was a valid search unless the arrest was invalid and not based on probable cause.

The concern is that 1) people don't know the Constitution, the limitations on government power, or the nature of their presumed God-given rights if not delegated to the feds by the Constitution. 2) people are not standing up for their constitutional rights but are too used to acquiescing to unconstitutional government acts because it is something called a "law" or it was done by the police.

55 posted on 03/21/2015 12:48:12 PM PDT by PapaNew (The grace of God & freedom always win the debate in the forum of ideas over unjust law & government)
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To: PapaNew
[Their argument is] Since it's money and not a person being held, there's no innocent til proven guilty thing

That argument should fail in court because if the seizure wasn't based on probable cause to believe the item was associated with a crime, the seizure violates the 4th Amendment and is illegal.


Right, but what if you're just traveling through and you live an hour or more away? What if you can't afford an attorney to fight it? What if they only took a couple thousand, and it'll cost you thousands more to get it back, not to mention hours and days spent in court? What if you're threatened with arrest if you don't just forfeit the money and go on your way, fight it later?

Yes, you can fight it and get your money back, but the whole idea is that a drug dealer won't be willing to fight it since the money/car actually came from or was involved in illegal activities. For your average Joe, they kinda hope you don't find it worthwhile to fight, but if you do; Oops, sorry, our bad. Here's your money back. Don't be so suspicious next time. Illegal seizure? Don't push your luck, bro, you got your money back. Now go away. Next!

UnConstitutional? You bet your ass. But given the state of society today, not surprising that it happens and is legally 'justified'.
63 posted on 03/21/2015 2:51:41 PM PDT by Svartalfiar
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