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S.C. Judge: Unconstitutional for Police to Seize Property Without Proving Crimes
reason ^ | 10.23.2019 | SCOTT SHACKFORD

Posted on 10/26/2019 12:09:08 PM PDT by Mount Athos

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To: hoosierham

I really don’t care that the Founders were ok with assets forfeiture.They were ok with slavery, too.


41 posted on 10/26/2019 2:15:59 PM PDT by hoosierham (Freedom isn't free)
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To: MrEdd

Well I was not aware of exactly when it started.

However my comment was more related to the war on drugs and all the ways that it has assaulted our constitutional rights, not just asset forfeiture.


42 posted on 10/26/2019 2:16:50 PM PDT by ChildOfThe60s (If you can remember the 60s........you weren't really there)
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To: Mount Athos

Ya think?


43 posted on 10/26/2019 2:17:56 PM PDT by AppyPappy (How many fingers am I holding up, Winston?)
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To: mumblypeg

Civil asset forfeiture is just another racket run by local government, not unlike speed traps, but more profitable than pulling someone over driving 75 in a 60 mph zone.


44 posted on 10/26/2019 2:23:45 PM PDT by Wallace T.
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To: Mount Athos
"... nor be deprived of life, liberty, or property, without due process of law;..."

Try as I might, I cannot seem to lay my finger on that clause in the Constitution that provides a loophole for the seizure of property without due process of law. The way this is written in 5A, there is NO distinction between life, liberty, or property...they are all considered of equal value and are all equally protected. It is a deliberate misreading of the Constitution and the Framers' intent to believe otherwise.
45 posted on 10/26/2019 2:44:08 PM PDT by rottndog ('Live Free Or Die' Ain't just words on a bumber sticker...or a tagline.)
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To: veracious

Wow! I never thought a judge would ever look at the BOR.


46 posted on 10/26/2019 2:45:00 PM PDT by grumpygresh (Civil disobedience by jury nullification.)
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To: metmom

See my # 33.
I used to sit inside my darkened windows & observe the cops on the streets below.

They’d handcuff the young black crack dealers on the corner, drive them 2 blocks down the Avenue, then remove the cuffs & let them go.
The dealers considered such confiscations the “cost of doing bidness.”
Anyway, what they gonna do about it? Call the cops?

That’s how a few bad cops in the old days could exploit those actually guilty of crime.

Now police DEPARTMENTS — tacitly backed by the (rich people—bad!) Left— have figured out it’s easy to intimidate innocent people & confiscate private property.

You get pulled over, your assets confiscated, and since you don’t want to look guilty & get shot, you cooperate, figuring, this is obviously a mistake, your lawyer will fix it tomorrow.

No matter. You get Kavanaugh’d.

Your spotless record and calm demeanor indicates you’re probably a con artist, feigning innocence to hide bigger crimes. You must have more elicit cash somewhere.
OTOG, if you angrily protest your innocence & refuse to surrender your legitimately-owned assets, you’re violent & definitely guilty

The armed authorities control the narrative.
They can claim anything they want against the innocent— just as they do WRT the guilty.
That’s why we MUST defend the *presumption* of innocence & trial by jury— for EVERYONE.


47 posted on 10/26/2019 3:31:03 PM PDT by mumblypeg
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To: hoosierham

Same in my state - and now the sheriff’s deputies believe they can do the same.


48 posted on 10/26/2019 3:37:59 PM PDT by GreyHoundSailor
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To: Mount Athos; 2A Patriot; 2nd amendment mama; 4everontheRight; 77Jimmy; A Strict Constructionist; ...
South Carolina Ping   

If you'd like to be on or off the South Carolina ping list, just click Private Reply below and drop me a FReepmail.

49 posted on 10/26/2019 3:45:02 PM PDT by upchuck (Criminals love gun control. It gives them a safe work environment.)
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To: mumblypeg

We’re already pretty much in a police state at this point but just don’t realize it.


50 posted on 10/26/2019 3:51:06 PM PDT by metmom ( ...fixing our eyes on Jesus, the Author and Perfecter of our faith...)
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To: Starstruck

Regarding SHTF preps...

Don’t let people like code inspectors, city appraisers, etc. inside your home based on “somebody complained.”

You can & should ask which law or code you’ve violated & whether it’s causing damage to the complainant & who that might be.
You have the right to refuse entry altogether and request to be mailed a written copy of the problem.

Government guys in my area are conjuring odd excuses to come in & check out the contents of people’s pantrys and sheds.


51 posted on 10/26/2019 3:55:58 PM PDT by mumblypeg
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To: Mount Athos

It takes a judge to tell the police this fact. Here is an example of police being the criminals, folks. Never think that these same police would not have a problem taking your guns from you, through door-to-door confiscation.

JoMa


52 posted on 10/26/2019 4:15:12 PM PDT by joma89
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To: Hot Tabasco
What is at issue is the property that has been seized is quite frequently disposed of before a criminal trial has even been held.

Over the past several years I have read that more often than not no charges were ever filed but the property was considered being part of a possible crime and never returned.

These laws were made to let the Government steal from citizens. Nothing more.

53 posted on 10/26/2019 6:24:08 PM PDT by OldMissileer (Atlas, Titan, Minuteman, PK. Winners of the Cold War)
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To: OldMissileer

Thinking we were about to be hijacked, I turned in a suspicious passenger on a commercial flight. Unknown to me, he had just conducted a drug sale during the flight.

A Georgia judge returned $300,000 he had taped to his body to the Columbian national.


54 posted on 10/26/2019 11:38:17 PM PDT by Does so (.Democrats only believe in democracy when they win the election...)
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To: Mount Athos
This just shows the duplicity of the legal system, where in 2019 they finally realized that civil asset forfeiture is unconstitutional? Why the hell has the Supreme Court not commented on this?

The next shoe to drop will be with nobody in Washington gets charged with any crime, I’m talking Clinton, Comey, Clapper, Lynch, the crew at the FBI, none of them. And nobody will do a damn thing about it.

55 posted on 10/27/2019 3:15:34 PM PDT by SERE_DOC ( The beauty of the Second Amendment is that it will not be needed until they try to take it. T)
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To: unixfox
They’ve enjoyed their gravy train for years. They won’t go down without a fight.

You better believe it. It was my initial reading about asset forfeiture years (decades really) ago that initially soured my attitude for police in general. The fact that this criminal enterprise under the cover of law has been going on for so long is an indication of how far we've come from being a Constitutional Republic.

56 posted on 10/27/2019 3:26:24 PM PDT by zeugma (I sure wish I lived in a country where the rule of law actually applied to those in power.)
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To: metmom

“We’re already pretty much in a police state at this point but just don’t realize it.”

I realized it long, long ago!!!


57 posted on 10/27/2019 6:25:46 PM PDT by RipSawyer (I need some green first and then we'll talk a new deal!http://www.freerepublic.com/focus/f-news/3763)
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