Civil Forfeiture and the Constitution: Are Individual Rights Really Less Important than the War on Drugs?Democracy creates an often precarious balance between the needs of the individual and the needs of the wh
When the Constitution was adopted, the common law did not condone using civil forfeiture against domestic citizens; therefore, use of civil forfeiture to seize the Bennis automobile is not permitted by the Constitution today. TheBenniscriminals – Mr. Bennis and the prostitute – were within Mich...
These massive numbers indicate more than loss of property or assets. It also indicates a decrease in protected constitutional rights. The Fifth Amendment of the Constitution, as well as most state constitutions, protects property interests and due process. The practice of civil asset forfeiture weaken...
“Civil asset forfeiture” is a legal framework that allows the government to take money or other assets that it has probable cause to believe are connected to a crime. Meant to allow the government to drain the assets of drug cartels, the law is now used to take cash wherever a law enf...
Heck, just look at how asset-forfeiture laws and money-laundering laws have turned into revenue scams for Leviathan. P.S. Since today’s post ended with a depressing conclusion, let’s share some a bit of offsetting good news. As reported by The Hill, the spirit of civil disobedience live...
Currently, civil asset forfeiture practices are a gross violation of long-prized, zealously guarded civil rights, including the presumption of innocence and due process.
No criminal convictions should be necessary for asset forfeiture. Furthermore, with reference to the Vienna Convention (1988), the Terrorist Financing Convention (1999), and the Palermo Convention (transnational organized crime, 2000), the burden of proof on confiscated goods should be reversed (...
Does TSA have any authority to seize cash for a civil asset forfeiture action? The short answer is “absolutely not.” TSA cannot legally confiscate cash from a traveler or their luggage at the airport.Nevertheless, TSA screeners might detain the traveler so a law enforcement officer can seize...
(2) The most of the rules inside a group are social rules. 有惩罚的叫做规则,最广泛的是社会规则 3.Legal rule (norm, law, act, decree etc.) (1) A social rule, which can be forced by the state. (2) The application of the sanction is obligatory, and the state has the specific org...
But just as the clavicle in the cat only tells of theRomantz, David ScottSuffolk U.l.revScott Romantz David, "Civil forfeiture and The Constitution: A Legislative Abrogation of right and The Judicial Response: The Guilt of the Res", Suffolk University Law Review, 1994....