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To: robertpaulsen
You're missing the point. Whether or not the prosecutor decides to offer a plea deal with a civil fine has nothing to do with this outragous practice of police seizing property without due process.

The prosecutor can charge you or not, entirely independent of whether your car is seized. And even if you're acquitted, that's no guarantee of getting your property back.

As I'm sure you've read here, the 'legal' (and I use the term loosly) basis of this confiscation is the car itself is an accessory to the crime. (bad car!), therefore you have no 5th Amendment right to due process for your property. Any comments on that?

48 posted on 02/05/2004 12:59:22 PM PST by freeeee ("Owning" property in the US just means you have one less landlord)
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To: freeeee
"outragous practice of police seizing property without due process."

So this upsets you? What about people being arrested, having their freedom taken away, and being thrown in jail until a trial is scheduled? Isn't that worse? Happens all the time.

The car was part of the crime -- if the guy were walking down the street and solicited a prostitute he wouldn't have his car seized. And that's another thing. The car is held, pending disposition of the case. The state of Florida doesn't take possession without due process. Ease up.

But you don't want this to be a civil matter anymore. Well, looks like you'll get your wish. Now the guy will have to go through a hassle, get a lawyer, go to court, pay a fine (and I hope to God it's at least $1000.), pay court costs, and now it goes on his record. Oh goody.

50 posted on 02/05/2004 1:21:15 PM PST by robertpaulsen
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