Spartan Swill
Would you like to react to this message? Create an account in a few clicks or log in to continue.

Civil Forfeiture

+17
Rocinante
AvgMSUJoe
InTenSity
tGreenWay
msugolfguy
Turtleneck
Robert J Sakimano
Other Teams Pursuing That
kingstonlake
NigelUno
Watch Out Pylon!
xsanguine
Cameron
GRR Spartan
WhiteBoyHatcher
DWags
AnomanderRake
21 posters

Page 2 of 3 Previous  1, 2, 3  Next

Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Watch Out Pylon! Mon Feb 20, 2017 8:18 pm

LooseGoose wrote:
Watch Out Pylon! wrote:

Sweet flip flop.

Where have I flip flopped?   I still disagree with it.   Should I become a Democrat over this?   Most of them support it too.  Jesus at least try to make sense.

So you said civil forfeiture was all about government greed. Trump says we're keeping it, in fact we're going to ruin people who are against it. Then you say wait and see what he will do.

You're right, you haven't changed your tune whatsoever.
Watch Out Pylon!
Watch Out Pylon!
Geronte
Geronte

Posts : 23330
Join date : 2014-04-30

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Guest Wed Feb 22, 2017 10:37 am

Public Safety‏@publicsafety 19h19 hours ago
More
.@konnieburton leads the fight against civil asset forfeiture in the Texas Senate:

A Firestorm Over Civil Assets Forfeiture

Civil Forfeiture  - Page 2 Asset-Forfeiture-900x675
Anonymous
Guest
Guest


Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by NigelUno Wed Feb 22, 2017 11:18 am

LooseGoose wrote:Public Safety‏@publicsafety 19h19 hours ago
More
.@konnieburton leads the fight against civil asset forfeiture in the Texas Senate:

A Firestorm Over Civil Assets Forfeiture

Civil Forfeiture  - Page 2 Asset-Forfeiture-900x675

Good link.

“Who is the state senator? Do you want to give his name? We’ll destroy his career.” - Trump
avatar
NigelUno
Geronte
Geronte

Posts : 34301
Join date : 2014-04-16

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by GRR Spartan Wed Feb 22, 2017 2:19 pm

That's a lot of cash to take with you even if your career is destroyed.
GRR Spartan
GRR Spartan
Geronte
Geronte

Posts : 10457
Join date : 2014-04-25

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Guest Fri Feb 24, 2017 1:02 pm

CJ CiaramellaVerified account‏@cjciaramella 6m6 minutes ago

Wow, federal judge certifies class-action lawsuit challenging Philadelphia's asset forfeiture program. Opinion here: http://ij.org/wp-content/uploads/2017/02/Philadelphia-Forfeiture-Memorandum-Opinion-re.-Class-Cert-on-Claim-5-Granting.pdf …
Anonymous
Guest
Guest


Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by GRR Spartan Fri Feb 24, 2017 7:10 pm

Your boy Trump loves this stuff as do most of the Republicans you vote for. Seizures keep your taxes lower.
GRR Spartan
GRR Spartan
Geronte
Geronte

Posts : 10457
Join date : 2014-04-25

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Guest Fri Feb 24, 2017 8:05 pm

GRR Spartan wrote:Your boy Trump loves this stuff as do most of the Republicans you vote for. Seizures keep your taxes lower.

lol.....as if the Dems are innocent. As I've made very clear both parties fail on this. To imply otherwise is to ignore reality.
Anonymous
Guest
Guest


Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Guest Tue Mar 07, 2017 10:18 pm

Remember this the next time you're hating on Clarence Thomas.

Clarence Thomas Is Skeptical of Civil Asset Forfeiture

Justice Clarence Thomas yesterday signalled that the abusive practice of civil asset forfeiture is ripe for expanded constitutional scrutiny.

The case is Lisa Olivia Leonard v. Texas. James Leonard (the petitioner’s son) was stopped by police for a traffic infraction in 2013 “along a known drug corridor.” Police searched Mr. Leonard’s vehicle and discovered a safe containing $201,100 and the bill of sale for a home. Arguing that the money was either proceeds from a drug sale or going to be used in such a sale, the state initiated forfeiture proceedings and took the money. The safe actually belonged to James’ mother Lisa, who brought suit to protect her property from the government seizure.

The Supreme Court denied certiorari for procedural reasons, but Justice Thomas had some harsh words for civil forfeiture anyway, and suggested that it’s time for the Supreme Court to take another look at the practice:

Civil proceedings often lack certain procedural protections that accompany criminal proceedings, such as the right to a jury trial and a heightened standard of proof.

Partially as a result of this distinct legal regime, civil forfeiture has in recent decades become widespread and highly profitable. And because the law enforcement entity responsible for seizing the property often keeps it, these entities have strong incentives to pursue forfeiture.

This system - where police can seize property with limited judicial oversight and retain it for their own use - has led to egregious and well-chronicled abuses…

Justice Thomas also noted the disparate impact these types of abuses have on the poorest and most vulnerable communities:

These forfeiture operations frequently target the poor and other groups least able to defend their interests in forfeiture proceedings. Perversely, these same groups are often the most burdened by forfeiture. They are more likely to use cash than alternative forms of payment, like credit cards, which may be less susceptible to forfeiture. And they are more likely to suffer in their daily lives while they litigate for the return of a critical item of property, such as a car or a home.

The opinion goes on to explain that while the court has historically upheld the constitutionality of civil forfeiture, the modern practice of forfeiture has strayed far from its narrow historical use and purpose:
Anonymous
Guest
Guest


Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by NigelUno Wed Mar 08, 2017 7:46 am

LooseGoose wrote:Remember this the next time you're hating on Clarence Thomas.

Clarence Thomas Is Skeptical of Civil Asset Forfeiture

Justice Clarence Thomas yesterday signalled that the abusive practice of civil asset forfeiture is ripe for expanded constitutional scrutiny.

The case is Lisa Olivia Leonard v. Texas. James Leonard (the petitioner’s son) was stopped by police for a traffic infraction in 2013 “along a known drug corridor.” Police searched Mr. Leonard’s vehicle and discovered a safe containing $201,100 and the bill of sale for a home. Arguing that the money was either proceeds from a drug sale or going to be used in such a sale, the state initiated forfeiture proceedings and took the money. The safe actually belonged to James’ mother Lisa, who brought suit to protect her property from the government seizure.

The Supreme Court denied certiorari for procedural reasons, but Justice Thomas had some harsh words for civil forfeiture anyway, and suggested that it’s time for the Supreme Court to take another look at the practice:

Civil proceedings often lack certain procedural protections that accompany criminal proceedings, such as the right to a jury trial and a heightened standard of proof.

Partially as a result of this distinct legal regime, civil forfeiture has in recent decades become widespread and highly profitable. And because the law enforcement entity responsible for seizing the property often keeps it, these entities have strong incentives to pursue forfeiture.

This system - where police can seize property with limited judicial oversight and retain it for their own use - has led to egregious and well-chronicled abuses…

Justice Thomas also noted the disparate impact these types of abuses have on the poorest and most vulnerable communities:

These forfeiture operations frequently target the poor and other groups least able to defend their interests in forfeiture proceedings. Perversely, these same groups are often the most burdened by forfeiture. They are more likely to use cash than alternative forms of payment, like credit cards, which may be less susceptible to forfeiture. And they are more likely to suffer in their daily lives while they litigate for the return of a critical item of property, such as a car or a home.

The opinion goes on to explain that while the court has historically upheld the constitutionality of civil forfeiture, the modern practice of forfeiture has strayed far from its narrow historical use and purpose:

Trump likes yes men. Clarence better zip it.
avatar
NigelUno
Geronte
Geronte

Posts : 34301
Join date : 2014-04-16

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Guest Thu Mar 30, 2017 7:32 pm

By the Administration most of you loved so much....


THIS IS JUST GOVERNMENT-SPONSORED THEFT: DEA Seized $4 Billion From People Since 2007. Most Were Never Charged with a Crime: A new government watchdog report finds the DEA grabs cash just for the sake of grabbing cash, raising civil liberties concerns.

DEA Seized $4 Billion From People Since 2007. Most Were Never Charged with a Crime

In total, the Inspector General reports the DEA seized $4.15 billion in cash since 2007, accounting for 80 percent of all Justice Department cash seizures. Those figures do not include other property, such as cars and electronics, which are favorite targets for seizure by law enforcement.

All of this is possible through civil asset forfeiture, which allows law enforcement to seize property if they suspect it's connected to criminal activity, without having to file criminal charges against the owner. While law enforcement groups say civil asset forfeiture is a vital tool to disrupt drug traffickers and organized crime, the Inspector General's findings echo the concerns of many civil liberties groups, which say asset forfeiture creates perverse incentives for law enforcement to seize property.
Anonymous
Guest
Guest


Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Watch Out Pylon! Thu Mar 30, 2017 7:37 pm

LooseGoose wrote:By the Administration most of you loved so much....


THIS IS JUST GOVERNMENT-SPONSORED THEFT: DEA Seized $4 Billion From People Since 2007. Most Were Never Charged with a Crime: A new government watchdog report finds the DEA grabs cash just for the sake of grabbing cash, raising civil liberties concerns.

DEA Seized $4 Billion From People Since 2007. Most Were Never Charged with a Crime

In total, the Inspector General reports the DEA seized $4.15 billion in cash since 2007, accounting for 80 percent of all Justice Department cash seizures. Those figures do not include other property, such as cars and electronics, which are favorite targets for seizure by law enforcement.

All of this is possible through civil asset forfeiture, which allows law enforcement to seize property if they suspect it's connected to criminal activity, without having to file criminal charges against the owner. While law enforcement groups say civil asset forfeiture is a vital tool to disrupt drug traffickers and organized crime, the Inspector General's findings echo the concerns of many civil liberties groups, which say asset forfeiture creates perverse incentives for law enforcement to seize property.

I wonder what the guy who threatened to end the career of the politician who opposed civil forfeiture will do moving forward.

Obama!!!!!!
Watch Out Pylon!
Watch Out Pylon!
Geronte
Geronte

Posts : 23330
Join date : 2014-04-30

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Guest Mon Apr 03, 2017 6:56 pm

Justice Thomas's Doubts About Civil Forfeiture

“This system—where police can seize property with limited judicial oversight and retain it for their own use—has led to egregious and well-chronicled abuses,” Thomas wrote in his statement. He cited a New Yorker article on a small Texas town where police and prosecutors collaborate to seize cash and goods from out-of-town motorists passing through, then split the proceeds between themselves. “These forfeiture operations frequently target the poor and other groups least able to defend their interests in forfeiture proceedings,” he noted.
Anonymous
Guest
Guest


Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Cameron Mon Apr 03, 2017 9:22 pm

LooseGoose wrote:Justice Thomas's Doubts About Civil Forfeiture

“This system—where police can seize property with limited judicial oversight and retain it for their own use—has led to egregious and well-chronicled abuses,” Thomas wrote in his statement. He cited a New Yorker article on a small Texas town where police and prosecutors collaborate to seize cash and goods from out-of-town motorists passing through, then split the proceeds between themselves. “These forfeiture operations frequently target the poor and other groups least able to defend their interests in forfeiture proceedings,” he noted.

Let's play a quick round of fair or unfair. I'll make a broad statement, and you'll tell me if it's fair or unfair.

Here's the statement: anyone who supports the policy of civil forfeiture is either an asshole or and idiot, and in either case is unfit to hold public office.

Fair or unfair?
Cameron
Cameron
Geronte
Geronte

Posts : 10798
Join date : 2014-04-16
Age : 35
Location : Michigan

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Guest Sun Jul 09, 2017 10:32 pm

Justice Thomas' Long History of Criticizing Asset Forfeiture

Alongside Sen. Rand Paul, Supreme Court Justice Clarence Thomas has become one of the most high-profile critics of “civil forfeiture.” Under this appalling practice, police can confiscate property, even from those who haven’t been charged with a crime. In a concurrence released last month, Justice Thomas surprised many when he slammed the practice as “egregious” and questioned if it’s even constitutional. Although his concurrence was brief—just six pages—Justice Thomas identified many of the glaring defects in civil forfeiture.

Since it takes place in civil court, those proceedings “often lack certain procedural protections that accompany criminal proceedings, such as the right to a jury trial and a heightened standard of proof.” Fewer safeguards means it’s even easier for innocent owners to lose their cash, cars, or their own homes.

Perversely, “forfeiture operations frequently target the poor and other groups least able to defend their interests in forfeiture proceedings.” Justice Thomas cited how police in Tenaha, Texas seized cash from motorists and even threatened to hand their children over to Child Protective Services if they didn’t relinquish the money.
Anonymous
Guest
Guest


Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by GRR Spartan Sun Jul 09, 2017 10:37 pm

Living in a fantasy world if you think AG Sessions is going to bite the hand that's fed him his entire political career.
GRR Spartan
GRR Spartan
Geronte
Geronte

Posts : 10457
Join date : 2014-04-25

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Guest Fri Jul 14, 2017 9:06 am

Police seize $15M in Michigan, some cases without criminal charges
Anonymous
Guest
Guest


Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Turtleneck Mon Jul 17, 2017 3:46 pm

Loose's all-time favorite AG...

Attorney General Jeff Sessions on Monday said he'd be issuing a new directive this week aimed at increasing police seizures of cash and property.

"We hope to issue this week a new directive on asset forfeiture—especially for drug traffickers," Sessions said in his prepared remarks for a speech to the National District Attorney's Association in Minneapolis. "With care and professionalism, we plan to develop policies to increase forfeitures. No criminal should be allowed to keep the proceeds of their crime. Adoptive forfeitures are appropriate as is sharing with our partners."

https://www.washingtonpost.com/news/wonk/wp/2017/07/17/jeff-sessions-wants-police-to-take-more-cash-from-american-citizens/?utm_term=.7b6bf32ea5e2
Turtleneck
Turtleneck
Geronte
Geronte

Posts : 42442
Join date : 2014-04-22

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by GRR Spartan Mon Jul 17, 2017 3:50 pm

So poor schlep in Oscoda County gets pinched in a marijuana bust and could see assets seized.

Don't think that's supposed to happen in convienient conservative world.
GRR Spartan
GRR Spartan
Geronte
Geronte

Posts : 10457
Join date : 2014-04-25

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by DWags Mon Jul 17, 2017 8:45 pm

Turtleneck wrote:Loose's all-time favorite AG...

Attorney General Jeff Sessions on Monday said he'd be issuing a new directive this week aimed at increasing police seizures of cash and property.

"We hope to issue this week a new directive on asset forfeiture—especially for drug traffickers," Sessions said in his prepared remarks for a speech to the National District Attorney's Association in Minneapolis. "With care and professionalism, we plan to develop policies to increase forfeitures. No criminal should be allowed to keep the proceeds of their crime. Adoptive forfeitures are appropriate as is sharing with our partners."

https://www.washingtonpost.com/news/wonk/wp/2017/07/17/jeff-sessions-wants-police-to-take-more-cash-from-american-citizens/?utm_term=.7b6bf32ea5e2

Yep
DWags
DWags
Geronte
Geronte

Posts : 49782
Join date : 2014-04-21
Age : 62
Location : Right here

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by msugolfguy Mon Jul 17, 2017 9:32 pm

GRR Spartan wrote:So poor schlep in Oscoda County gets pinched in a marijuana bust and could see assets seized.

Don't think that's supposed to happen in convienient conservative world.

Oscada, the planes flying out of there during the gulf war...wow. Simply amazing to see as a kid, shook the family cottage on lake huron.
msugolfguy
msugolfguy
Spartiate

Posts : 691
Join date : 2014-08-25

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by tGreenWay Tue Jul 18, 2017 1:31 am

"With care and professionalism." Civil Forfeiture  - Page 2 1966794946
tGreenWay
tGreenWay
Geronte
Geronte
Swill Pick 'em 2022 Regular Season Champion

Posts : 55393
Join date : 2014-04-18
Location : East Lansing

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Guest Tue Jul 18, 2017 8:18 am

Turtleneck wrote:Loose's all-time favorite AG...

Attorney General Jeff Sessions on Monday said he'd be issuing a new directive this week aimed at increasing police seizures of cash and property.

"We hope to issue this week a new directive on asset forfeiture—especially for drug traffickers," Sessions said in his prepared remarks for a speech to the National District Attorney's Association in Minneapolis. "With care and professionalism, we plan to develop policies to increase forfeitures. No criminal should be allowed to keep the proceeds of their crime. Adoptive forfeitures are appropriate as is sharing with our partners."

https://www.washingtonpost.com/news/wonk/wp/2017/07/17/jeff-sessions-wants-police-to-take-more-cash-from-american-citizens/?utm_term=.7b6bf32ea5e2

Please post any evidence to support this assertion. I won't bother waiting since it's your normal made up bullshit.


Sessions needs to go between this and pot he's out of his mind.
Anonymous
Guest
Guest


Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by DWags Tue Jul 18, 2017 8:54 am

LooseGoose wrote:Public Safety‏@publicsafety 19h19 hours ago
More
.@konnieburton leads the fight against civil asset forfeiture in the Texas Senate:

A Firestorm Over Civil Assets Forfeiture

Civil Forfeiture  - Page 2 Asset-Forfeiture-900x675

I look at pictures like this and am amazed we have any honest cops. I respect any cop that doesn't take a stack of those and report 5K less taken. If you guys tell me you have no doubt you wouldn't take any I won't disagree but my month from mid June: Dad I need 1800 dollars for an orgo Chem class at Oakland, Dad if we pay 3K for rent by July 5 we get a 500 dollar discount and don't pay till December again. Dad my orgo Chem book is 280. Dad I need a new laptop by September. Then regular college costs. I'm giving a dwags example and I know cops are in my same position and worse. Temptation would be there and it would be hard not to. I'd say I'd be 70/30 in not grabbing some. I know my wife would be 100/0 in not doing it. But damn guys, cops who are honest get much respect
DWags
DWags
Geronte
Geronte

Posts : 49782
Join date : 2014-04-21
Age : 62
Location : Right here

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by InTenSity Tue Jul 18, 2017 8:56 am

I look at pictures like this and am amazed we have any honest cops. I respect any cop that doesn't take a stack of those and report 5K less taken. If you guys tell me you have no doubt you wouldn't take any I won't disagree but my month from mid June: Dad I need 18000 dollars for an orgo Chem class at Oakland, Dad if we pay 3K for rent by July 5 we get a 500 dollar discount and don't pay till December again. Dad my orgo Chem book is 280. Dad I need a new laptop by September. Then regular college costs. I'm giving a dwags example and I know cops are in my same position and worse. Temptation would be there and it would be hard not to. I'd say I'd be 70/30 in not grabbing some. I know my wife would be 100/0 in not doing it. But damn guys, cops who are honest get much respect
I'm sure its tempting. I'm also sure that any cops that are part of the bust are watched closely by IA, or whatever watchdog is looking over the police. Doesn't look good to bust someone, take the money and then show up with a new car a few months later that is out of their budget.
InTenSity
InTenSity
Geronte
Geronte

Posts : 15969
Join date : 2014-04-18
Age : 47
Location : Kendall

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by DWags Tue Jul 18, 2017 9:00 am

InTenSity wrote:
I look at pictures like this and am amazed we have any honest cops. I respect any cop that doesn't take a stack of those and report 5K less taken. If you guys tell me you have no doubt you wouldn't take any I won't disagree but my month from mid June: Dad I need 18000 dollars for an orgo Chem class at Oakland, Dad if we pay 3K for rent by July 5 we get a 500 dollar discount and don't pay till December again. Dad my orgo Chem book is 280. Dad I need a new laptop by September. Then regular college costs. I'm giving a dwags example and I know cops are in my same position and worse. Temptation would be there and it would be hard not to. I'd say I'd be 70/30 in not grabbing some. I know my wife would be 100/0 in not doing it. But damn guys, cops who are honest get much respect
I'm sure its tempting. I'm also sure that any cops that are part of the bust are watched closely by IA, or whatever watchdog is looking over the police. Doesn't look good to bust someone, take the money and then show up with a new car a few months later that is out of their budget.

Oh I agree with that, but I'm talking just a simple situation like mine. I needed about 6K that I stupidly didn't plan for (classes were on me, but the rent deal and laptop was a surprise) so I'd think "damn, this just about covers it. ". Even a lifestyle audit by the IRS couldn't prove much. Just trying to be a criminal here.
DWags
DWags
Geronte
Geronte

Posts : 49782
Join date : 2014-04-21
Age : 62
Location : Right here

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Turtleneck Tue Jul 18, 2017 9:44 am

LooseGoose wrote:
Turtleneck wrote:Loose's all-time favorite AG...



https://www.washingtonpost.com/news/wonk/wp/2017/07/17/jeff-sessions-wants-police-to-take-more-cash-from-american-citizens/?utm_term=.7b6bf32ea5e2

Please post any evidence to support this assertion. I won't bother waiting since it's your normal made up bullshit.


Sessions needs to go between this and pot he's out of his mind.

It was a joke. Besides, as far as assertions go, I think claiming you have a favorite AG is fairly mild.

Turtleneck
Turtleneck
Geronte
Geronte

Posts : 42442
Join date : 2014-04-22

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Guest Tue Jul 18, 2017 4:36 pm

Civil Forfeiture  - Page 2 DFCndCXXgAA9xss
Anonymous
Guest
Guest


Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Turtleneck Tue Jul 18, 2017 4:38 pm

LooseGoose wrote:Civil Forfeiture  - Page 2 DFCndCXXgAA9xss

Why is forfeiture being treated as a separate category from burglary?
Turtleneck
Turtleneck
Geronte
Geronte

Posts : 42442
Join date : 2014-04-22

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Guest Wed Jul 19, 2017 1:58 pm

Civil Forfeiture  - Page 2 DFHOvzhWsAAXUbZ
Anonymous
Guest
Guest


Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Cameron Wed Jul 19, 2017 5:53 pm

So we know Trump and Sessions both like forfeiture. But here's the million dollar question: how does Gorsuch feel about it?
Cameron
Cameron
Geronte
Geronte

Posts : 10798
Join date : 2014-04-16
Age : 35
Location : Michigan

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Guest Wed Jul 19, 2017 6:54 pm

Cameron wrote:So we know Trump and Sessions both like forfeiture. But here's the million dollar question: how does Gorsuch feel about it?

My bet is that he'll be with Thomas - firmly opposed. Key as usual will be Kennedy.
Anonymous
Guest
Guest


Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Turtleneck Wed Jul 19, 2017 8:16 pm

Judge Neil Gorsuch, nominated by the President to the Supreme Court of theUnited States, does not have an extensive record of written opinions on asset forfeiture issues. In his decade on the Tenth Circuit Court of Appeals, he has apparently authored only four opinions of note.

The most significant involved the application of the Double Jeopardy Clause to the Government’s effort, when trying a criminal case for the second time, to forfeit property that the jury declined to forfeit in the defendant’s first trial.

Another case concerned the calculation of the amount of money subject to a criminal forfeiture order and whether the trial judge had improperly shifted the burden of proof to the defendant on that issue.

Finally, the other two cases concerned civil lawsuits filed against law enforcement agents, their agencies, and a local municipality, alleging various violations of the plaintiffs’ rights in the course of a civil forfeiture action.

In all of these cases, Judge Gorsuch’s opinion resolved the matter in favor of the Government or the law enforcement agent or agency.

https://assetforfeiturelaw.us/?p=1114
Turtleneck
Turtleneck
Geronte
Geronte

Posts : 42442
Join date : 2014-04-22

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by GRR Spartan Wed Jul 19, 2017 8:38 pm

Funny how the same poster who has railed against an activist judiciary is putting his hope on the SCOTUS to remedy Search and Seizure while he fervently hopes the same group of justices will overturn Roe v Wade.
GRR Spartan
GRR Spartan
Geronte
Geronte

Posts : 10457
Join date : 2014-04-25

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Guest Thu Jul 20, 2017 10:38 am

the Dems new great hope for the Presidency....between this and getting her start in politics the old fashioned way she should be cooked.

CJ Ciaramella‏Verified account @cjciaramella  1h1 hour ago
More
Sen. Kamala Harris is really going to have to figure out what to do with California A.G. Kamala Harris http://www.nationalreview.com/article/449668/jeff-sessions-civil-asset-forfeiture-plan-government-sanctioned-stealing …

Civil Forfeiture  - Page 2 DFLp3S3XYAA3VTB
Anonymous
Guest
Guest


Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Cameron Thu Jul 20, 2017 8:02 pm

Turtleneck wrote:
Judge Neil Gorsuch, nominated by the President to the Supreme Court of theUnited States, does not have an extensive record of written opinions on asset forfeiture issues. In his decade on the Tenth Circuit Court of Appeals, he has apparently authored only four opinions of note.

The most significant involved the application of the Double Jeopardy Clause to the Government’s effort, when trying a criminal case for the second time, to forfeit property that the jury declined to forfeit in the defendant’s first trial.

Another case concerned the calculation of the amount of money subject to a criminal forfeiture order and whether the trial judge had improperly shifted the burden of proof to the defendant on that issue.

Finally, the other two cases concerned civil lawsuits filed against law enforcement agents, their agencies, and a local municipality, alleging various violations of the plaintiffs’ rights in the course of a civil forfeiture action.

In all of these cases, Judge Gorsuch’s opinion resolved the matter in favor of the Government or the law enforcement agent or agency.

https://assetforfeiturelaw.us/?p=1114

Bump.
Cameron
Cameron
Geronte
Geronte

Posts : 10798
Join date : 2014-04-16
Age : 35
Location : Michigan

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by GRR Spartan Thu Jul 20, 2017 8:13 pm

More desire for judical activism from a convienient conservative.
GRR Spartan
GRR Spartan
Geronte
Geronte

Posts : 10457
Join date : 2014-04-25

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Guest Thu Aug 03, 2017 7:42 am

From the Detroit News

Our Editorial: End civil asset forfeiture abuse

Thanks to new reporting requirements enacted into law in Michigan, it’s become clear just how abusive the state’s asset forfeiture laws really are.

A new report from the Michigan Department of State Police shows that last year charges were never filed in nearly 10 percent of the cases that collected more than $15 million in forfeited cash and property. State, county and local agencies documented 5,290 civil asset forfeitures. But no one was charged with a crime in 523 of those instances, and in another 196 cases, people were charged but not convicted.

After selling items or donating property, police reported $12.3 million in net proceeds between Feb. 1 and Dec. 31, 2016.

That’s outrageous.
Anonymous
Guest
Guest


Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Guest Wed Nov 28, 2018 9:19 pm

Neil Gorsuch and Sonia Sotomayor Just Came Out Swinging Against Policing for Profit

Welcome to the topsy-turvy world of civil asset forfeiture, also known as legalized theft. Every year, the federal and state governments obtain billions of dollars thanks to the work of prosecutors who expropriate property with some tenuous connection to a crime. Most states use the money to fund law enforcement, called policing for profit. Indiana also lets private attorneys file forfeiture claims against defendants, earning contingency fees and a share of the profit. That’s what happened to Timbs—so he sued, insisting that extreme forfeiture violates the Constitution. On Wednesday, the Supreme Court signaled that it agreed, with an unusual coalition of justices assailing the practice. A decision for Timbs could curb law enforcement abuses across the country, limiting one of the most scandalous components of our criminal justice system.
Anonymous
Guest
Guest


Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Robert J Sakimano Thu Nov 29, 2018 7:48 am

LooseGoose wrote:Neil Gorsuch and Sonia Sotomayor Just Came Out Swinging Against Policing for Profit

Welcome to the topsy-turvy world of civil asset forfeiture, also known as legalized theft. Every year, the federal and state governments obtain billions of dollars thanks to the work of prosecutors who expropriate property with some tenuous connection to a crime. Most states use the money to fund law enforcement, called policing for profit. Indiana also lets private attorneys file forfeiture claims against defendants, earning contingency fees and a share of the profit. That’s what happened to Timbs—so he sued, insisting that extreme forfeiture violates the Constitution. On Wednesday, the Supreme Court signaled that it agreed, with an unusual coalition of justices assailing the practice. A decision for Timbs could curb law enforcement abuses across the country, limiting one of the most scandalous components of our criminal justice system.
thanks for the mainstream media link.
Robert J Sakimano
Robert J Sakimano
Geronte
Geronte

Posts : 49254
Join date : 2014-04-15

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Cameron Thu Nov 29, 2018 11:06 am

LooseGoose wrote:Neil Gorsuch and Sonia Sotomayor Just Came Out Swinging Against Policing for Profit

Welcome to the topsy-turvy world of civil asset forfeiture, also known as legalized theft. Every year, the federal and state governments obtain billions of dollars thanks to the work of prosecutors who expropriate property with some tenuous connection to a crime. Most states use the money to fund law enforcement, called policing for profit. Indiana also lets private attorneys file forfeiture claims against defendants, earning contingency fees and a share of the profit. That’s what happened to Timbs—so he sued, insisting that extreme forfeiture violates the Constitution. On Wednesday, the Supreme Court signaled that it agreed, with an unusual coalition of justices assailing the practice. A decision for Timbs could curb law enforcement abuses across the country, limiting one of the most scandalous components of our criminal justice system.

I like it. Fucking Roberts and Alito need to get their heads out of their asses.
Cameron
Cameron
Geronte
Geronte

Posts : 10798
Join date : 2014-04-16
Age : 35
Location : Michigan

Back to top Go down

Civil Forfeiture  - Page 2 Empty Re: Civil Forfeiture

Post by Sponsored content


Sponsored content


Back to top Go down

Page 2 of 3 Previous  1, 2, 3  Next

Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum