A great legal victory for Dem. Socialists .....and Libertarians ....and John Birch Conservatives

[gh1950]

and every once else in this great land, brought to you by your favorite SCOTUS Justice Ruth Bader Ginsberg.

Unanimous decision, the 8th Amendment to the Constitution of the United States of America applies to the STATES, and no more "unreasonable" civil forfeitures. Overnight, local LEO and local government slush funds have been flushed down the crapper.

Timbs v. Indiana

https://www.foxnews.com/politics/su...ates-to-impose-heavy-fines-and-seize-property

I'm not being factious, this is a great day for Joe Blow who is just going about his business when he gets busted for some crapola drug offense or such.

The consequence of this for the legal geeks is, not only are the seizures unlawful, BUT because SCOTUS has made doing so a constitutional protection, when some dumbass LEO agency keeps doing so on the theory that Bubba doesn't have the money to hire a lawyer to get his property back (the current SOP), they will find out that Bubba doesn't need any money because their conduct falls under federal civil rights acts, and there are plenty of lawyers who will take on Bubba's case.

For the real wonks, this is the actual decision. By modern Supreme Court standards, it is not too long - 26 pages.

https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

 

[Fatal_Bert]

It's amazing 200 years later that SCOTUS is still having to define these most basic constitutional principals to law enforcement. No, you obviously can't steal peoples property who haven't been convicted of a crime you thug bastards. Some law enforcement have been getting away with highway robbery for way to long.

 

[WC1911guy]

It's about time. Civil forfeiture has been an outright money grab used to side step rights and abuse the public since it's inception. I still have a hard time believing some of the stories I've read about the victims.

 

[mcdougmd]

Be interesting to see what other loopholes this opens up for lawyers to profit off us taxpayers.

 

[Torn]

Finally a SCOTUS that is upholding individual Constitutional rights instead of turning a blind eye at big government overreach. Wonder how many victims of this BS will file suits to reclaim property or compensation for property stolen in the past?

 

[MegaFan]

Wonder if it also applies to the IRS, or will they continue to be above the law????

 

[Hayata]

Does this mean Mr Greenjeans can't seize your firearm for mis-behaving in the woods?

Is that still a thing?

It shows that I don't hunt, doesn't it?

 

[rtross]

You might not like RBG because of her views, but she plays an important role in the democratic dialogue that makes this country great. I'm glad she is well again. She is a very intelligent and classy jurist. SCOTUS is better with respectful, smart people in its ranks.

And I hope that she retires soon to live a long and comfortable life on a beach somewhere, thereby allowing POTUS to nominate an arch right wing conservative to replace her

 

[WC1911guy]

You might not like RBG because of her views, but she plays an important role in the democratic dialogue that makes this country great. I'm glad she is well again. She is a very intelligent and classy jurist. SCOTUS is better with respectful, smart people in its ranks.

And I hope that she retires soon to live a long and comfortable life on a beach somewhere, thereby allowing POTUS to nominate an arch right wing conservative to replace her

Unfortunately, she just got back from cancer surgery. She only took 2 weeks off which just shows she's an exceptional person regardless of her legal opinions. At her age, I'd say her survival odds with cancer already presenting aren't great and the treatment options are limited too.

 

[gh1950]

Does this mean Mr Greenjeans can't seize your firearm for mis-behaving in the woods?

Is that still a thing?

It shows that I don't hunt, doesn't it?

No (to your first question).

The ruling applies to civil forfeitures that are disproportionate to the crime.

In the Timbs case, LEO seized a brand new Range Rover* valued at $40,000 for a crime with a maximum fine of $10,000.

In Georgia, the maximum fine for misdemeanor possession of whacky backy is $1000.

I'd have to check to see what the fines are for other drug related crimes, but you can bet it's less than the value of house.

One interesting unwritten footnote to this case, is that SCOTUS is ignoring the old Fifth Circuit exception to the 4th Amendment, "if drugs were involved, whatever the police did was o.k." This was a case that was not without risks for taking to SCOTUS, as Mr. Timbs was charged with a felony, convicted, and did some house arrest.



*The discussion about whether LEO did Mr. Timbs a favor by saving him from the $20K in repairs he was going to have to make on that Range Rover is a discussion for another thread.

Also, BTW, DNR in GA typically does not seize a firearm unless it is need for evidence.