Police Cannot Seize Property Indefinitely After an Arrest, Federal Court Rules

Reason ^ | 8.16.2024 | Patrick McDonald

[nickcarraway]

I'm not even sure why this is a question.

[Soul of the South]

The federal courts also need to end civil asset forfeiture.

[Responsibility2nd]

As I read this article, I'm lead to understand that confiscation of property has been fine for decades. No courts have ruled otherwise.

But... when Burn Loot Murder activists get their stuff taken - the courts are eager to give it back.

[tired&retired]

Is this why the FBI released Crook’s body so fast? / sarc

[A Navy Vet]

I've been waiting on such a ruling for some time.

NOW, what about all those J6 prisoners being held without trial? And those who have long sentences for a misdemeanor for tresspassing? That is even more egregious.

[kiryandil]

Gregory Katsas of the US Circuit Court of Appeals for the District of Columbia.

Apparently, a top feeder judge of law clerks to the Supreme Court.

Confirmed 50 to 48.

[algore]

this has nothing to do with the BLM

it has to do with theft under color of law

[Yo-Yo]

However, they can still seize property and never arrest anyone.

[Responsibility2nd]

this has nothing to do with the BLM

it has to do with theft under color of law

The plaintiffs each had their property seized by D.C.'s Metropolitan Police Department (MPD). Five of the plaintiffs were arrested during a Black Lives Matter protest in the Adams Morgan neighborhood of D.C. on August 13, 2020.

This has EVERYTHING to do with BLM.

BLM activists get their stuff back while J6 protestors rot in jail.

[scott7278]

I was going to post the same thing.

[nickcarraway]

I was going to ask about that. They can’t argue that comports with the Fourth Amendment with a straight face.

[Responsibility2nd]

However, they can still seize property and never arrest anyone.

True. And many if not most Asset Forfeiture cases center on drugs. Cops stop a drug runner. They confiscate his cash and car. They set a trial date, but the illegal never shows. 

Alternatively, a drug lord may lose his home if convicted and proof is made that he bought said home from the profit of illegal drugs.

Not all Asset Forfeiture cases are evil.

[lastchance]

Different issue.

[wgmalabama]

Agreed. Property should never be forfeited without it being directly gained from a crime. Otherwise, law enforcement is guilty of theft or grand larceny and since they are armed, pile on more charges. If I use armed intimidation and theft, I’m fairly sure I would get 20 years.

[Magic Fingers]

“Not all Asset Forfeiture cases are evil.”

True, but it’s hard to tell the good cases vs. the evil ones - and cops abuse the *** out of it. It needs to stop.

[Husker24]

Exactly, if these phones had been taken from pro Trump protesters this same court would have ruled opposite.

[Manic_Episode]

Cops got a .22 pistol from me 35 years ago in a raid on a new housemate while I was at work.

Cop that confiscated it straight up told me he was the one that inventoried it and he was the only one who get get it out and he wasn't going to.

It was a $50 Jennings but it would be worth more today.

It I ever run into sgt Catipano I will collect on sight. pos

[marktwain]

Not all Asset Forfeiture cases are evil.

But quite a few are. We used to far more concerned with protecting the innocent rather than inflicting extra-legal punishment on suspected law breakers.

Modern forfeiture laws are only about three decades old. All supposed to be about the "war on some drugs".

Billions have been stolen from people without ever being convicted of a crime.

[Spktyr]

This is the right decision. Admittedly for the wrong reasons, but the right decision.

[Spktyr]

That cop did you a favor. Jennings pistols suuuuuck and have no value. They were also know to explode back then.