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Thread: Civil Forfeiture laws under attack even in conservative state

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    Senior Member MJGolf's Avatar
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    Civil Forfeiture laws under attack even in conservative state

    It's about TIME!!

    Link: www.oklahoman.com/oklahoma-city-state-senator-wants-drug-money-forfeiture-law-changed-to-protect-innocent/article/5420123?gcs=true



    What's amazing are the statistics that the vast majority of forfeitures don't involve ANY charges being filed.........maybe the tide is turning?
    "Women and cats will do as they please, and Men and dogs should just relax and get used to the idea" --- Robert A. Heinlein

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    Senior Member metronome's Avatar
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    “One man’s remorse is another man’s reminiscence.” Ogden Nash

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    Conservative states tend to be big on property rights. I think that civil forfeiture went unnoticed by most of the public until recently.
    Jon Oliver's show and other TV specials made people more aware.
    The tide is turning.
    I am not a lawyer, but I can't imagine how civil forfeiture can be constitutional given that the 5th amendment clearly states that no one will be deprived of their property without due process of law.

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    Quote Originally Posted by MJGolf View Post
    What's amazing are the statistics that the vast majority of forfeitures don't involve ANY charges being filed.........maybe the tide is turning?
    I can't agree more!

    It is a shame one of these cases (illegal seizures) didn't make it to the supreme court.
    Luck is nothing more than probability taken personally!

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    Random number herder Norm's Avatar
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    That's not what the 5th amendment says. Please, people, stop posting abbreviated versions of law.
    "Croyez ceux qui cherchent la vérité, doutez de ceux qui la trouvent." --André Gide

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    Without looking I believe it simply mentions due process of law. Just looking at Amendments to decide what they mean is tricky. They are all very clear but you have over 200 years of Supreme Court rulings that can tell you the obvious language in fact means almost the opposite of what is so obvious to anyone reading it.

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    I posted the relevant part; I don't think the paraphrase was out of context. Yes, SCOTUS ruled civil forfeiture constitutional, but that was in a 5-4 spit decision with a sharp dissent. Today's court may rule differently.

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    Random number herder Norm's Avatar
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    People quoting the Constitution tend to leave out words, like: "without just compensation". IANAL and don't want a political discussion. I'm just saying that we have a court system to make these adjudications and such issues are not as simple as many try to express. We may not agree with those decisions. But, when you look at the Constitution, you have to look at every word.
    "Croyez ceux qui cherchent la vérité, doutez de ceux qui la trouvent." --André Gide

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    Senior Member Bodarc's Avatar
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    Just as Bill Clinton did. Look at every word.
    Play within your bankroll, pick your games with care and learn everything you can about the game. The winning will come. It has to. It's in the cards. -- Bryce Carlson

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    May the cards fall in your favor.

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