Results 1 to 16 of 16

Thread: Supreme Court rules no quick hearing required when police seize property

  1. #1

    Supreme Court rules no quick hearing required when police seize property

    Divided Supreme Court rules no quick hearing required when police seize property

    BY MARK SHERMAN
    May 9, 2024

    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.

    ...
    read more:
    https://apnews.com/article/supreme-c...10342912e14f44



  2. Remove this section of ads by registering.
  3. #2
    Justice was served.
    Chris

    "Government ... does not exist of necessity, but rather by virtue of a tragic, almost comical combination of klutzy, opportunistic terrorism against sitting ducks whom it pretends to shelter, plus our childish phobia of responsibility, praying to be exempted from the hard reality of life on life's terms." Wolf DeVoon

    "...Make America Great Again. I'm interested in making American FREE again. Then the greatness will come automatically."Ron Paul

  4. #3
    [...] even when the property belongs to so-called innocent owners.


    "So-called" sure is a strange way to spell "presumed".

    But at least they haven't started putting air-quotes around "innocent". (Well ... not yet, anyway.)

    And speaking of air-quotes ...

    Quote Originally Posted by CCTelander View Post
    Justice was served.
    "Just Us" was served.
    Last edited by Occam's Banana; 05-12-2024 at 12:58 PM.
    The Bastiat Collection · FREE PDF · FREE EPUB · PAPER
    Frédéric Bastiat (1801-1850)

    • "When law and morality are in contradiction to each other, the citizen finds himself in the cruel alternative of either losing his moral sense, or of losing his respect for the law."
      -- The Law (p. 54)
    • "Government is that great fiction, through which everybody endeavors to live at the expense of everybody else."
      -- Government (p. 99)
    • "[W]ar is always begun in the interest of the few, and at the expense of the many."
      -- Economic Sophisms - Second Series (p. 312)
    • "There are two principles that can never be reconciled - Liberty and Constraint."
      -- Harmonies of Political Economy - Book One (p. 447)

    · tu ne cede malis sed contra audentior ito ·

  5. #4
    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.
    You don't say
    Quote Originally Posted by Swordsmyth View Post
    Pinochet is the model
    Quote Originally Posted by Swordsmyth View Post
    Liberty preserving authoritarianism.
    Quote Originally Posted by Swordsmyth View Post
    Enforced internal open borders was one of the worst elements of the Constitution.

  6. #5
    Quote Originally Posted by Occam's Banana View Post


    "So-called" sure is a strange way to spell "presumed".

    But at least they haven't started putting air-quotes around "innocent". (Well ... not yet, anyway.)

    And speaking of air-quotes ...



    "Just Us" was served.

    As you have cautioned me many times Comrade, I leave State matters to the State.

    Life is simpler that way.
    Chris

    "Government ... does not exist of necessity, but rather by virtue of a tragic, almost comical combination of klutzy, opportunistic terrorism against sitting ducks whom it pretends to shelter, plus our childish phobia of responsibility, praying to be exempted from the hard reality of life on life's terms." Wolf DeVoon

    "...Make America Great Again. I'm interested in making American FREE again. Then the greatness will come automatically."Ron Paul

  7. #6
    Quote Originally Posted by CCTelander View Post
    As you have cautioned me many times Comrade, I leave State matters to the State.

    Life is simpler that way.
    You are a wise comrade, comrade.

  8. #7
    Quote Originally Posted by Occam's Banana View Post
    You are a wise comrade, comrade.

    From your mouth to Differently Sized Gender Non-Specific Crèche Companion’s ears, comrade.
    Chris

    "Government ... does not exist of necessity, but rather by virtue of a tragic, almost comical combination of klutzy, opportunistic terrorism against sitting ducks whom it pretends to shelter, plus our childish phobia of responsibility, praying to be exempted from the hard reality of life on life's terms." Wolf DeVoon

    "...Make America Great Again. I'm interested in making American FREE again. Then the greatness will come automatically."Ron Paul

  9. #8
    Justice Neil Gorsuch was part of Thursday’s majority, but in an opinion also joined by Justice Clarence Thomas, Gorsuch said larger questions about the use of civil forfeiture remain unresolved.


    Noting that civil forfeiture has become a “booming business,” Gorsuch wrote the court should use a future case to assess whether the modern practice of civil forfeiture is in line with constitutional guarantees that property may not be taken “without due process of law.”
    ..
    "He's talkin' to his gut like it's a person!!" -me
    "dumpster diving isn't professional." - angelatc
    "You don't need a medical degree to spot obvious bullshit, that's actually a separate skill." -Scott Adams
    "When you are divided, and angry, and controlled, you target those 'different' from you, not those responsible [controllers]" -Q

    "Each of us must choose which course of action we should take: education, conventional political action, or even peaceful civil disobedience to bring about necessary changes. But let it not be said that we did nothing." - Ron Paul

    "Paul said "the wave of the future" is a coalition of anti-authoritarian progressive Democrats and libertarian Republicans in Congress opposed to domestic surveillance, opposed to starting new wars and in favor of ending the so-called War on Drugs."



  10. Remove this section of ads by registering.
  11. #9
    SCOTUS doubles down on judicial abuse of authority.

    Unfortunately, this reduces the chances that we can find a gentler resolution to the current impasse than abolition of the Federal government and re-constitution to replace it with a government that will actually carry out the will of We The People instead of serving the plutocracy in exchange for $$$.

    But if there is no other resolution, so be it, there is no other resolution.
    Jer. 11:18-20. "The Kingdom of God has come upon you." -- Matthew 12:28

  12. #10
    so scotus believes a yr to be timely ?
    Do something Danke

  13. #11
    Color me surprised.
    “It is not true that all creeds and cultures are equally assimilable in a First World nation born of England, Christianity, and Western civilization. Race, faith, ethnicity and history leave genetic fingerprints no ‘proposition nation’ can erase." -- Pat Buchanan

  14. #12
    AF is correct , no suprise tey go against citizens
    Do something Danke

  15. #13
    How TF does counsel NOT argue taking.

  16. #14
    The Supreme Fraud is an unconstitutional political body which was never delegated the power of judicial review.

    It now exists to rubber stamp government power grabs.

  17. #15
    Quote Originally Posted by dannno View Post
    ..
    Gorsuch is another profile in courage.

  18. #16
    Supporting Member
    Phoenix, AZ
    Cleaner44's Avatar


    Blog Entries
    4
    Posts
    9,212
    Join Date
    Nov 2007
    Can we create Constitution 2.0 please?
    Citizen of Arizona
    @cleaner4d4

    I am a libertarian. I am advocating everyone enjoy maximum freedom on both personal and economic issues as long as they do not bring violence unto others.



  19. Remove this section of ads by registering.


Similar Threads

  1. Replies: 63
    Last Post: 04-30-2024, 09:25 AM
  2. Replies: 4
    Last Post: 05-29-2018, 07:49 PM
  3. WI-State Supreme Court Rules Cops No Longer Need a Warrant to Enter Homes and Seize Evidence
    By Anti Federalist in forum Individual Rights Violations: Case Studies
    Replies: 28
    Last Post: 02-14-2016, 10:03 PM
  4. Supreme Court Expands Police Power to Seize Your Assets Before Conviction
    By Lucille in forum Individual Rights Violations: Case Studies
    Replies: 1
    Last Post: 02-27-2014, 02:49 PM
  5. Replies: 5
    Last Post: 01-28-2013, 05:42 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •