Posted on 03/18/2017 12:35:20 PM PDT by COBOL2Java
Sen. Rand Paul has long taken the lead in calling for the reform of civil asset forfeiture laws, a controversial police practice in which authorities basically steal the property of citizens without due process and little recourse. Billions have been seized from citizens by the police based on nothing more than suspicion, which many see as a direct violation of the Fifth Amendment.
Its state-sanctioned theft. Under civil forfeiture laws, your property is guilty until you prove it innocent, says the Institute for Justices Scott Bullock.
On Thursday, Sen. Paul reintroduced FAIR (Fifth Amendment Integrity Restoration) Act, which specifically addresses victims of civil asset forfeiture who have not been convicted of a crime.
(Excerpt) Read more at rare.us ...
She probably had the safe to protect the money from would-be thieves and crooks.
Didn’t work.
The thieves wear blue. Or Sheriff tan.
While your at it why not enforce the 4th Amendment. The IRS violates it with every single tax return.
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
I can go along with that.
Good on Rand Paul.
Too bad the statist Republican Party will kill it.
Bump
We do a few things that I suspect may cry out to heaven for vengeance.
Abortion, of course.
Civil forfeiture.
Failure to protect prisoners from other prisoners.
YMMV.
With prosecution and a guilty verdict, Take it all.! But otherwise, keep your hands out of the mans pockets...
MHO.....
He still has them there
A good bill and a noble effort that has little chance for passage.Civil asset forfeiture is too profitable for the powers that be.
In NYC, they own your car if you pick up a prostitute in it.
What happens if a private railroad company’s train conductor gets a prostitute in the caboose?
No pun intended :)
ONE 1941 BUICK SEDAN v. UNITED STATES
The Sedan won.
Wow, this greatly impresses me. Sen. Paul is to be commended. It’s time to put an end to all “legalized” theft.
Foreign policy? That’s been a unmitigated disaster in every direction for decades. The globalist have used it to loot the American treasure. Paul or no Paul, I don’t think it could possibly get worse than what we’ve had for decades.
What part of due process do you not understand?
If someone is convicted of a crime - either at the time of conviction or in a latter separate trial, the state can make the case for forfeiture. Prior to such a judgement, it is armed theft under color of law.
As to the “reform” - seems like we are amending a lot of statutes and it is difficult to see what exactly will result. BUT, any reform that does not foresee the above, is simply window dressing.
Is not Gov. Matt Bevin more on the ideological side of Paul and far away from that of McConnell? The idea to primary Paul is getting more and more of an establishment wet dream than in any sort of reality than they want us to believe. Once we have the Healthcare Bill into conference, we will be able to see more clearly what the reality of RyanCare is despite what the establishment and the media are selling us right now.
I agree with much, but not all of what you’ve written (too long to re-quote).
The key is due process and the laws in place.
We agree that traffic stops for the purpose of seizing cash are predatory.
However, you don’t want to throw out the baby with the bathwater, and want some criminals to suffer the loss of ill-gotten gains. If it occurs after due process within penalty guidelines established by laws... fine. But, then it isn’t civil asset forfeiture, where the property is seized first on either suspicion or the pretense of suspicion, so it’s not what I was concerned about.
I’d add that incidents of civil asset forfeiture—”we take it, you have to go to court to prove you are innocent”—greatly diminish respect for the legal process and its representatives.
Glad to see so many here are finally coming around to appreciate Rand Paul.
Who knows, some of them may even look back at 2008 and 2012 campaigns, or at other sources, and begin to appreciate his father as well.
Cancel all forfeiture until USConstitution is amended to allow it. Follow the law, or perish.
“When a person commits an illegal act our laws and society - the very idea of justice - demands punishment. It is punishment because illegal acts have consequences. It is also punishment as a deterrent to others from doing the same illegal acts.”
Yes, but in a moral self-governing society, the laws that define what is a crime are always subject to change. That’s why we have a legislature.
Laws are not always right, and the act of repealing or reforming a bad law is every bit as sacred as the act of passing or enforcing a good one.
Prohibition is one of the best examples of bad law, and it’s worth noting that there are similarities between alcohol prohibition and drug laws.
I am astonished how often supposedly intelligent people accept “the law”’at face value, without question. A law has been broken, therefore a crime has been committed, therefore the criminal must be punished as a matter of principle. No, it depends entirely on whether it is a good law. If it is a bad law, the crime is the law itself.
The one that irritates me the most is people’s attitude about paying taxes since it’s the law. Never mind that the government is legally doing something (stealing) that would land a private citizen in jail.
Too much respect for “the law” can be disastrous.
Everyone should read The Law by Frederick Bastiat.
Amen!
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