Posted on 05/09/2024 12:20:34 PM PDT by where's_the_Outrage?
WASHINGTON (AP) — A divided Supreme Court ruled Thursday that authorities do not have to provide a quick hearing when they seize cars and other property used in drug crimes, even when the property belongs to so-called innocent owners.
By a 6-3 vote, the justices rejected the claims of two Alabama women who had to wait more than a year for their cars to be returned. Police had stopped the cars when they were being driven by other people and, after finding drugs, seized the vehicles.
Civil forfeiture allows authorities to take someone’s property, without having to prove that it has been used for illicit purposes. Critics of the practice describe it as “legalized theft.”
Justice Brett Kavanaugh wrote for the conservative majority that a civil forfeiture hearing to determine whether an owner will lose the property permanently must be timely. But he said the Constitution does not also require a separate hearing about whether police may keep cars or other property in the meantime.
In a dissent for the liberal members of the court, Justice Sonia Sotomayor wrote that civil forfeiture is “vulnerable to abuse” because police departments often have a financial incentive to keep the property.
(Excerpt) Read more at msn.com ...
There was no police force at the writing of the Constitution.
Congress should act and pass a law limiting how long the government can steal your property but they won’t do it
Thomas has never been on the right side of asset forfeiture cases. It is one of the few areas that I absolutely and fundamentally disagree with his stance.
Thomas has been vocally opposed to these laws.
Scanning through it quickly-it seems the six are relying on a speedy trial already being included.
Some of the stories involving this like the LA private vault one are horrendous.
Those Boxes were opened in a warrantless search in 2021 and $86 million dollars worth of coins, cash and other personal belongings was seized and only a few people have gotten their items returned and that was after they sued the FBI.
Some of the rare coins seized turned up for sale at rare coin auctions.
So having a safe deposit box makes you a drug dealer ?
I tend to agree.
I believe this case is just not the “right” case to reign in civil asset forfeiture. The opposite ruling would perhaps entrench or reinforce the concept of forfeiture as being legally sound making it much harder to throw out altogether when the “right” case makes its way before the court.
Kavanaugh strikes again.
You make logical points. Unfotunately, many times the courts do not accept logical arguments.
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