Starkiller Posted February 20, 2019 Report Share Posted February 20, 2019 Not just civil forfeiture, but that’s part of it. The only question is who decides what is excessive? https://www.washingtonpost.com/politics/courts_law/supreme-court-says-constitutional-protection-against-excessive-fines-applies-to-state-actions/2019/02/20/204ce0d4-3522-11e9-af5b-b51b7ff322e9_story.html?hpid=hp_hp-top-table-main_court-1105am%3Ahomepage%2Fstory-ans The Supreme Court ruled unanimously Wednesday that the Constitution’s prohibition on excessive fines applies to state and local governments, limiting their abilities to impose fines and seize property. Justice Ruth Bader Ginsburg, on just her second day back on the bench after undergoing cancer surgery in December, announced the decision for the court, saying that the Eighth Amendment’s Excessive Fines Clause protects against government retribution. “For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties,” Ginsburg wrote. “Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies... Even absent a political motive, fines may be employed in a measure out of accord with the penal goals of retribution and deterrence.” The court ruled in favor of Tyson Timbs of Marion, Ind., who had his $42,000 Land Rover seized after he was arrested for selling a couple hundred dollars’ worth of heroin. Link to post Share on other sites More sharing options...
Jamalisms Posted February 20, 2019 Report Share Posted February 20, 2019 Good. Link to post Share on other sites More sharing options...
Legaltitan Posted February 20, 2019 Report Share Posted February 20, 2019 Hell yeah. I would think this is something we can all agree upon, and it's nice to see a unanimous decision here. Link to post Share on other sites More sharing options...
abenjami Posted February 20, 2019 Report Share Posted February 20, 2019 Out here in California there are (or maybe used to be) laws that allowed the government to seize cars of people who solicited prostitution. I always thought that seemed like a rather stiff monetary penalty for what typically amounts to a harmless act. Link to post Share on other sites More sharing options...
Legaltitan Posted February 20, 2019 Report Share Posted February 20, 2019 1 minute ago, abenjami said: Out here in California there are (or maybe used to be) laws that allowed the government to seize cars of people who solicited prostitution. I always thought that seemed like a rather stiff monetary penalty for what typically amounts to a harmless act. That blows. Link to post Share on other sites More sharing options...
abenjami Posted February 20, 2019 Report Share Posted February 20, 2019 3 minutes ago, Legaltitan said: That blows. Yeah, especially for a guy who thought the whole point was to get blown! IIRC it didn't apply to all cases though. There were some kind of requirements like you had to be in a car or you had to have driven to the location, or something like that. Link to post Share on other sites More sharing options...
oldschool Posted February 20, 2019 Report Share Posted February 20, 2019 18 minutes ago, Legaltitan said: That blows. Well played sir. Link to post Share on other sites More sharing options...
ChesterCopperpot1 Posted February 20, 2019 Report Share Posted February 20, 2019 4 hours ago, Starkiller said: Not just civil forfeiture, but that’s part of it. The only question is who decides what is excessive? https://www.washingtonpost.com/politics/courts_law/supreme-court-says-constitutional-protection-against-excessive-fines-applies-to-state-actions/2019/02/20/204ce0d4-3522-11e9-af5b-b51b7ff322e9_story.html?hpid=hp_hp-top-table-main_court-1105am%3Ahomepage%2Fstory-ans The Supreme Court ruled unanimously Wednesday that the Constitution’s prohibition on excessive fines applies to state and local governments, limiting their abilities to impose fines and seize property. Justice Ruth Bader Ginsburg, on just her second day back on the bench after undergoing cancer surgery in December, announced the decision for the court, saying that the Eighth Amendment’s Excessive Fines Clause protects against government retribution. “For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties,” Ginsburg wrote. “Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies... Even absent a political motive, fines may be employed in a measure out of accord with the penal goals of retribution and deterrence.” The court ruled in favor of Tyson Timbs of Marion, Ind., who had his $42,000 Land Rover seized after he was arrested for selling a couple hundred dollars’ worth of heroin. This is excellent. Link to post Share on other sites More sharing options...
ChesterCopperpot1 Posted February 20, 2019 Report Share Posted February 20, 2019 30 minutes ago, abenjami said: Out here in California there are (or maybe used to be) laws that allowed the government to seize cars of people who solicited prostitution. I always thought that seemed like a rather stiff monetary penalty for what typically amounts to a harmless act. Enforcing laws is big business. How do you think we pay for over inflated police budgets? Link to post Share on other sites More sharing options...
Legaltitan Posted February 20, 2019 Report Share Posted February 20, 2019 24 minutes ago, abenjami said: Yeah, especially for a guy who thought the whole point was to get blown! Link to post Share on other sites More sharing options...
abenjami Posted February 21, 2019 Report Share Posted February 21, 2019 2 hours ago, Legaltitan said: Yeah, I got it. 7/10. FINAL ALTERNATE OMBUDSMAN RULING!!! Link to post Share on other sites More sharing options...
pat Posted February 22, 2019 Report Share Posted February 22, 2019 Civil forfeiture is literal highway robbery in some jurisdictions. Don't speed in South Carolina. Link to post Share on other sites More sharing options...
TitansFan23 Posted February 22, 2019 Report Share Posted February 22, 2019 Or West Virginia: If you are pulled over carrying a lot of cash they can just take it and it’s hell getting it back. Quote Under a little-known legal tool called civil forfeiture, the government can permanently take a person’s property if an officer suspects it is connected to a crime. In criminal cases, forfeiture occurs after a conviction, ordered by a judge as part of a sentence. In civil forfeiture, even if the rightful owner is not charged with any crime, the person stands to lose the property permanently. https://www.washingtonpost.com/nation/2018/09/01/police-seized-couples-cash-they-couldnt-get-it-back-until-they-went-public/?noredirect=on&utm_term=.d08d91675a11 Link to post Share on other sites More sharing options...
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