Asset Forfeiture: Taking Bad Guys' Things

[lucasrowe01]

I saw there was another thread on forfeiture, but it was closed. I'm curious what you guys think of this article: Asset Forfeiture: Taking Bad Guys' Things.

It hits some of the high points, but talks mainly about the federal system rather than the states.

[4gallonbucket]

I think it's an unconstitutional taking. There should at least be due process before anything is taken. Taking things like cash with no other evidence should be criminal.


Sent from my iPhone using Tapatalk

[TC215]

I think it's an unconstitutional taking. There should at least be due process before anything is taken. Taking things like cash with no other evidence should be criminal.


Sent from my iPhone using Tapatalk

The same legal standard used to arrest someone and take away their freedom is the same legal standard used to seize assets (probable cause).

[Zincwarrior]

I saw there was another thread on forfeiture, but it was closed. I'm curious what you guys think of this article: Asset Forfeiture: Taking Bad Guys' Things.

It hits some of the high points, but talks mainly about the federal system rather than the states.

It's not taking bad guy's things.its taking the things of people who have been accused of a crime. There generally has been no conviction.

Edit: I am fine if there is a conviction and the assets were used in the crime or proceeds there of. I am not finding e if it's abusive: cars being seized for having a joint, etc.

[rjohnson4405]

Are they required to give it back if you're not charged? I think that's where the issue stems. You can arrest me on probable cause but have to release me if not charged. Should work the same with assets.

[BJXDS]

Here we go again. Most due not realize the true power the gubment has. Only in Murica!

[orionz06]

Before the thread gets locked I'd love to hear if there has ever been any cash returned.

[RoyGBiv]

The same legal standard used to arrest someone and take away their freedom is the same legal standard used to seize assets (probable cause).

I doubt anyone has any heartache over siezing assets prior to conviction. It's the not-giving-them-back if charges are dropped or never brought or the accused is aquitted that is the problem.

[LittleLebowski]

It's very unnerving to see what happened on I-40 in Tennessee.

[voodoo_man]

Before the thread gets locked I'd love to hear if there has ever been any cash returned.

I know for a fact that in some cases (local) there has been cash returned due to acquittal at trial.