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Judge tosses out vehicle seizure law
Albuquerque Journal ^ | July 30, 2018 | Ryan Boetel

Posted on 08/02/2018 9:46:06 AM PDT by MeganC

click here to read article


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To: MeganC

The reason there are laws against theft is because the government will not permit competition.


61 posted on 08/02/2018 1:55:51 PM PDT by RinaseaofDs
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To: cuban leaf

RULES FOR INTERACTING WITH COPS

1 — VIDEO EVERYTHING
2 — SAY “Officer, feel free to discuss whatever you want, but understand it’ll be a monologue, because my attorney advises that I not speak with you about anything.”


62 posted on 08/02/2018 2:04:36 PM PDT by HKMk23 (You ask how to fight an idea? Well, I'll tell you how: with another idea!)
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To: MeganC

Comb my hair and call me shorty. Every time you think Democrat fiefdoms could not possibly get worse, they prove you wrong.


63 posted on 08/02/2018 2:08:47 PM PDT by Eleutheria5 (“If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.)
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To: MeganC; Admin Moderator

No links?

https://www.abqjournal.com/1202685/federal-judge-abqs-dwi-seizure-program-unconstitutional.html

How did you get to it without a link?


64 posted on 08/02/2018 3:43:41 PM PDT by Brown Deer (America First!)
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To: Brown Deer

“No link as the source, I believe, prohibits direct links from FR.”


65 posted on 08/02/2018 4:26:29 PM PDT by MeganC (There is nothing feminine about feminism.)
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To: HKMk23

2 — SAY “Officer, feel free to discuss whatever you want, but understand it’ll be a monologue, because my attorney advises that I not speak with you about anything.”

You might really enjoy this:

https://www.youtube.com/watch?v=pmWWKZwyCIw


66 posted on 08/02/2018 4:35:51 PM PDT by MeganC (There is nothing feminine about feminism.)
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To: MeganC

Since this is federal court, it could potentially put the entire asset seizure SCHEME (emphasis there) at risk. If APD (or the governing authority) appeals this case to the Circuit Court for that District, and the appeal ALSO fails, now you’ll have an entire Circuit without permission to seize assets.

I understand the initial (and continuing) PR claim that asset seizures are intended for use against the mafia and drug lords. However, there are precious few of those, and when that is combined with: a) bonuses to individual cops for seizing assets, based on the size of the seizures; and b) additions to the budgets of the PD in question for the same asset seizures - well, now you have a big, fat incentive for PDs and officers to seize money and other assets (most notably cars and jewelry) from innocents. After all, once the assets are seized, they (or their value, if sold) are unavailable for anyone to use to get those assets back.

What REALLY ticks me off about this entire scheme is that the asset(s) involved are charged with the crime. Excuse the PHUCK out of me, but these are inanimate objects, or intangible property - they have no volition of their own, and simply cannot commit ANY crime. This is, IMHO, the clearest violation of the 5th Amendment’s prohibition against depriving a person of “... life, liberty, or property, without due process of law”
AND ALSO the prohibition on having “... private property be taken for public use, without just compensation.” I know - the Supreme Court has ruled on numerous occasions that civil asset forfeiture is Constitutional - but that same “august” body has previously ruled that slavery was Constitutional, segregation was Constitutional and that the US government could imprison a whole group of people without trial, based solely on their ethnicity. I’m thinking that then entire concept of civil asset forfeiture MUST BE REVISITED - and maybe, just maybe, soon-to-be-Justice Kavanaugh could be the person to overturn this outdated and farcial doctrine.

Another tack that We The People might take is to put pressure on our Congresscritters to pass a law making civil asset forfeiture against federal law. Yeah, I know, fat chance of that happening...but unless we try, it’ll never happen. The same exact process has been gradually over-ruling the “Kelo” decision on taking property for “public use” where the end use is actually private - many states now have laws against this absurd, corrupt and evil process.


67 posted on 08/02/2018 4:41:18 PM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt)
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To: MeganC

Glad to see some measure of common sense in the judiciary.


68 posted on 08/02/2018 4:42:27 PM PDT by ScottinVA (Liberals, piss off. That is all.)
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To: cuban leaf

“It is downright Sovietesque that if you have $15,000 on you, you need to worry about the police finding out. That’s a banana republic or dictatorship thing.”


EXCUUUUUUSE ME!!! Please stop insulting banana republics. Asset seizures are most definitely a DICTATORSHIP thing.


69 posted on 08/02/2018 4:42:49 PM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt)
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To: cuban leaf

“Don’t get me wrong, If they were to come after me like the Nazis came after the Jews, I’d still have to shoot them, but I’d feel bad about it later. ;) “


I wouldn’t. I’d feel great, and at the very least throw a party every year on the anniversary of my first such action. People like that NEED to be terminated, with extreme prejudice.


70 posted on 08/02/2018 4:45:06 PM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt)
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To: robowombat

“The publicity and light shown on this scam ended it and some state police resigned to go to work for local parish sheriff’s offices. But the mentality remains ingrained. Public office for private gain and ‘respect my authority’ even if I am an obvious pile of excrement continues to be alive and well here and other places.”


If a few were imprisoned, or shot by seriously aggrieved parties at some point, maybe the mentality would change. Oh, and before someone objects to the second part of my statement, what would YOU do if the corrupt police stole your HOUSE because your son was (unknown to you) dealing heroin from it? https://www.businessinsider.com/supreme-court-ruling-on-civil-forfeiture-2014-11 and https://www.cnn.com/2014/09/03/us/philadelphia-drug-bust-house-seizure/

BTW, such seizures can occur on mere SUSPICION of wrong-doing...and if there is later a “not guilty” result for the supposed underlying crime, the asset is STILL GONE (oh, you can sue to get it back...but good luck being able to afford to sue a municipality or state with unlimited (compared to you) funds.

I had a Western Civilization teacher in high school (late ‘70s) who said that a government had to be VERY careful about taking or destroying a person’s house - because most people have to literally work a lifetime to pay for it, and if it is taken or destroyed then a lot of people will feel that they have nothing left to lose.


71 posted on 08/02/2018 4:53:51 PM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt)
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To: 2harddrive

I don’t give a damn if they are cops if they broke the law they should be put in prison. I bet the honest cops not involved in this are not happy. Makes all cops look bad


72 posted on 08/02/2018 5:01:41 PM PDT by klsparrow
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To: MeganC

They cannot prohibit anyone from posting links to their pages.


73 posted on 08/02/2018 5:27:20 PM PDT by Brown Deer (America First!)
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To: Ancesthntr; All
The godfather of the federal civil forfeiture laws is the Keebler Elf and he is very, very proud of it.
74 posted on 08/02/2018 5:35:38 PM PDT by robowombat (Orthodox)
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To: Ancesthntr
Surprisingly in the 19th century here and in Texas events such as this often ended with adjudication by Messrs Colt and Winchester. In most cases the loser was adjudged the aggressor and ‘self defense’ was a normal finding.
75 posted on 08/02/2018 5:40:09 PM PDT by robowombat (Orthodox)
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To: robowombat

As far as I am concerned, the elf is cordially invited to perform and anatomically impossible act upon himself.


76 posted on 08/02/2018 5:50:45 PM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt)
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To: Bonemaker

No problem.

He’ll recuse himself.


77 posted on 08/02/2018 5:55:01 PM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: Vigilanteman

Very common in our area for local pd to set up certain local businesses in undercover operations, trying to get them to do something illegal. They are arrested, and their accounts are seized. Many have good enough capital to get top rate lawyers and beat all the charges . More do not,as their money is seized and the cops then keep it. Many times, the money seized is much more than the penalties for the “crime”, which makes it unconstitutional.


78 posted on 08/02/2018 6:03:17 PM PDT by Aut Pax Aut Bellum (Stay Calm and Carry.)
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To: All

Blindly obvious to anyone who slightly knows USConstitution.


79 posted on 08/02/2018 7:06:39 PM PDT by veracious (UN=OIC=Islam ; Dems may change USAgov completely, just amend USConstitution)
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To: sevlex

this could be hugh and series.


80 posted on 08/02/2018 7:09:25 PM PDT by Labyrinthos
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