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

[gh1950]

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

As long as the taxpayers elect officials and hire LEO that are willing to follow established law, the taxpayers won't pay a dime.

Let's do an experiment. Find a local day care center, walk in, and throw an incendiary device in amongst the children, and see if you get to go home and sleep in your bed. Does have to be destructive - just one of those new weak ass cherry bombs from the fireworks store.

 

[chucklenut]

did any justice vote against slashing this ****ed up practice?

its a step in the right direction. interesting RBG uses the 14th as her basis and clarence thomas uses the 8th as his basis for why assest forefiture is a messed up

 

[500mag]

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.

Some conspiracy theorists are claiming that she's dead...

 

[gh1950]

Some conspiracy theorists are claiming that she's dead...

The fact, as is the custom, RBG read this decision from the bench should dispel that theory, unless one of the other justices is a darn good ventriloquist.

The custom is that the justice who authors the opinion reads it, or a synopsis of it if it's too long, from the bench in open court.

 

[gh1950]

did any justice vote against slashing this ****ed up practice?

its a step in the right direction. interesting RBG uses the 14th as her basis and clarence thomas uses the 8th as his basis for why assest forefiture is a messed up

They both relied on the 8th, and they both relied on the 14th. The 14th is the amendment that makes the Bill of Rights apply to the states. Each one relied on a different part of the 14th Amendment.

The 8th Amendment creates the right and restricts the activities of the federal government, the 14th takes those rights (most of them) and makes them apply to the states.

 

[roundhouse]

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?

Mr green jeans usually doesn’t seize your gun and truck unless you’re charged with a crime

Normal greedy money grubbing revenue collection officers do it all the time

For some it’s the major way they find their department

I guess the Tennessee DICE cops are out of the stealing business

You think cops aren’t all just about the money ??

Search Google and YouTube for
“Tennessee policing for profit “
“Tennessee dice cops”

Trust me
It’s about the money not about catching actual criminals

 

[mcdougmd]

Probably cause a firestorm here, but if hard drugs are involved and the person is convicted I don’t care f they take everything they have. They are doing more harm that a few thousand dollar fine can repay. Laws and fines should be stiff enough to discourage scumbags from dealing or using drugs. Make paupers out of them.

Now as far as govt overreach by taking land for “the public good”, no, not without agreement of the owner and proper payment.

 

[gh1950]

Mr green jeans usually doesn’t seize your gun and truck unless you’re charged with a crime

In Georgia, DNR does not seize your weapon or vehicle unless it is needed for evidence, such as a rifle for a ballistics test, and that is rare.

GA DNR stopped making such seizures back in the early 1980s.

DNR stopped doing forfeitures then. Reason I know is because I objected strongly to them stopping forfeitures. This was before the laws allowed the agency to keep the money - forfeitures actually went to the local government. The reason DNR stopped doing them is because it is responsible for securing the property until the case is adjudicated, and they weren't getting any support from the prosecuting attorneys in pursuing the forfeitures. Compared to now when the DA office gets a share of the pie, and they will forfeit anything they can get their hands on.

Plus there was an incredible amount of BS that ate up hours and hours of manpower. "That's my brother's rifle, I took it and he didn't know." "That's my momma's car and she needs it to go to church." "That truck is financed with GMAC."

I'm not disagreeing with your underlying premise that local LEO treat forfeitures as the ATM that just keeps on giving, I'm just taking up for GA DNR.

BTW, everything I said absolutely does not apply to the Feds. When Canada Geese were introduced on Lakes Oconee and Clarke Hill, they were protected, and I am aware of several cases of boaters losing expensive boats because they apparently didn't understand what "protected" meant.

Judge Wilbur Owens told one "fisherman" that he (the judge) was sorry he (the fisherman) was losing his boat, motor, and trailer, but if he (the judge) didn't make an example out of him (the fisherman), his courtroom would be full of people who had nothing better to do than kill a goose because they could. In that particular case, the fisherman clubbed the goose to death with a paddle while the GW watched.

Judge Owens was a sport though, he made a point of how lenient his court was because he (USFWS) let him keep his truck.

 

[gh1950]

BTW, to clarify

The court makes it clear that this decision applies only to seizure of property that was not used in the crime, or a product of the criminal activity. The situation in Timbs is almost unique in that he purchased the Range Rover with funds he received as a result of his father's death, paid cash for the auto, and the drugs were not found in the auto. The forfeiture was based on the fact that at some time, some where he had transported drugs in the vehicle.

 

[CBH13]

this is a big win for people everywhere. im sure there are plenty of departments that are PISSED right now