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Showing Original Post only (View all)9-0 SCOTUS ruling against asset forfeiture, this is a big deal [View all]
Just came out an hour ago
https://thehill.com/regulation/court-battles/430742-supreme-court-clamps-down-on-excessive-fines-by-states
This is a really big deal as it is the first time the 8th amendment has been applied to limit penalties and forfeiture at the state / local level. It opens the door wide to additional challenges against unreasonable fines and the common practice of seizing unrelated assets from suspects.
The case in question involved an individual with a drug related offense with a maximum fine of 10k. He had purchased a car with 40k of money from a life insurance policy paid out when his father died. His car was seized under the pretense that it had been used to transport drugs.
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Interestingly, this splits with people on the wrong side being both Democrats and Republicans
The Mouth
Feb 2019
#37
Manafort was convicted of tax fraud. I suspect his fines, penalties, including jail time, would
Hoyt
Feb 2019
#15
I believe Manafort violated his house arrest and therefore his bail arrangement which
infullview
Feb 2019
#32
as a former public defender, the confiscations were used for pot users which pissed me off.
Hamlette
Feb 2019
#62
Absolutely. I have always wanted to do a cross-country roadtrip, but the risk of encountering these
alwaysinasnit
Feb 2019
#22
I wish you well, and safe travels. I would be nice to hear about the interesting attractions, so
alwaysinasnit
Feb 2019
#41
Yep and seized funds and property are used to fund the War on Drugs (which mostly, means pot).
Volaris
Feb 2019
#65
Does this apply to RICO convictions, too? And what about Manafort forfeiting up to $50M?
George II
Feb 2019
#23
Who gives a fuck, fund it with a plan not taking advantage of people. Read more about the abuse!! nt
USALiberal
Feb 2019
#49
Then the states need to raise taxes or stop wasting tax payer dollars on imprisoning people
tymorial
Feb 2019
#77
As a criminal defense attorney I have seen the power of civil asset forfeiture abused by county
Pepsidog
Feb 2019
#51
In some cases where property was purchased with ill-gotten gains, then forfeiture was appropriate.
Pepsidog
Feb 2019
#75
is this just for drugs? cuz I still totally support this practice against poachers....
samnsara
Feb 2019
#76
And the case cited was actually a pretty reasonable connection between assets and crime.
BobTheSubgenius
Feb 2019
#85