U.S. Supreme Court to hear civil forfeiture case
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Re: U.S. Supreme Court to hear civil forfeiture case
#2Unfortunately, in the past, the SCOTUS tends to side with law enforcement on civil asset forfeiture cases. But since Justice Thomas has spoken against it, I am cautiously optimistic that this might be the time that they rule in favor of the citizen. Civil asset forfeiture has gotten way out of hand. We really need some sort of precedent to start curbing the flagrant abuse we are seeing all over the country.
Re: U.S. Supreme Court to hear civil forfeiture case
#3I'm worried that because this is a case in which the defendant actually did deal drugs, the court will rule in favor of the civil forfeiture laws and the SC case will then be used as a precedent to justify broader use of civil forfeiture. But IANAL, so maybe the danger isn't as big as I fear.
Re: U.S. Supreme Court to hear civil forfeiture case
#4Unfortunately, in the past, the SCOTUS tends to side with law enforcement on civil asset forfeiture cases. But since Justice Thomas has spoken against it, I am cautiously optimistic that this might be the time that they rule in favor of the citizen. Civil asset forfeiture has gotten way out of hand. We really need some sort of precedent to start curbing the flagrant abuse we are seeing all over the country.
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Re: U.S. Supreme Court to hear civil forfeiture case
#5It would be great to see the Supreme Court take up one of the more egregious cases involving huge cash seizures from people with no criminal record, and where there is no evidence that a crime took place. Unfortunately, most of those are eventually settled by the government.
In this case there is little doubt that the target was dealing drugs, prompting one judge to write that "one who deals heroin, and there is no doubt from the record we are talking about a dealer, must and should suffer the legal consequences to which he exposes himself." The only issue is whether the seizure was excessive, and there will always be judges who think that no punishment is too great for a proven heroin dealer.
Re: U.S. Supreme Court to hear civil forfeiture case
#6The fact that this monstrosity of justice has continued, even under presidents such as Obama, make me so angry and upset. It's exactly what happens when you let the police do whatever they want, without someone to curtail their behavior. Unfettered power equals unfettered corruption, and the fact this keeps occurring in 2018 is astounding and upsetting.
Re: U.S. Supreme Court to hear civil forfeiture case
#7I'm worried that because this is a case in which the defendant actually did deal drugs, the court will rule in favor of the civil forfeiture laws and the SC case will then be used as a precedent to justify broader use of civil forfeiture. But IANAL, so maybe the danger isn't as big as I fear.
In my mind, this is more a risk with smaller courts and SCOTUS exists on a higher plane. In my mind.
Re: U.S. Supreme Court to hear civil forfeiture case
#8I think I understand the logic of civil forfeiture, but what is the justification for seizing a $40,000 vehicle when the state has only proven (according to the article) that he sold about $225 worth of drugs? It says he plead guilty to one charge - was the other for a significantly larger amount, that he was perhaps convicted of? Based on the info presented in the article it would seem difficult to argue that he acquired the Land Rover with ill-gotten funds.
Re: U.S. Supreme Court to hear civil forfeiture case
#9I'm worried that because this is a case in which the defendant actually did deal drugs, the court will rule in favor of the civil forfeiture laws and the SC case will then be used as a precedent to justify broader use of civil forfeiture. But IANAL, so maybe the danger isn't as big as I fear.
I was thinking the same thing. There are tons of examples of forfeiture happening because of 'assumed illegality', especially when it comes to having money on you - that could have been a better way for the SC to strike it down harshly. I still don't agree with it in this case, but I don't think it helps the case that he did sell Heroin, which is a sore subject these days.
Re: U.S. Supreme Court to hear civil forfeiture case
#10I'm worried that because this is a case in which the defendant actually did deal drugs, the court will rule in favor of the civil forfeiture laws and the SC case will then be used as a precedent to justify broader use of civil forfeiture. But IANAL, so maybe the danger isn't as big as I fear.
You should read a little bit more about this case. The actual question the Supreme Court is deciding here is whether the 8th amendment applies to rulings issued by state courts. Something that should be seemingly obvious but it's actually not entirely settled in existing case law.