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Open Roads Forum  >  General RVing Issues

 > Go 5 miles over in Indiana and foreit your vehicle

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JRscooby

Indepmo

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Posted: 07/10/19 08:46am Link  |  Print  |  Notify Moderator

apr67 wrote:

I hope that soon civil asset forfeiture will join communism on the dung heap of history. Its not constitutional in the slightest.


Will not happen as long as it is only applied to people that are powerless. If we would use it for trickle down law enforcement I think it could be quite effective. For example, you want to stop illegal immigration? On Wed. go thru a plant, hotel, construction site, and check everybody's papers. Spend Thursday and Friday learning who owns the business, and what else they own. Friday night, a SWAT team comes in the house setting off flash bangs, and waving automatic weapons around the family. Wife and kids, dressed in cheap jumpsuits, out on the street, owner dressed in chains, go to cage. All accounts and other assets now belong to state, unless you can prove that no part of them was paid for by the profits of illegal workers.
This happen once, and reported in WSJ, where other business owners can read, by the next Wednesday no undocumented would be working anywhere in the country.

Grit dog

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Posted: 07/10/19 09:40am Link  |  Print  |  Notify Moderator

Omfg. Some of y’all need more/better hobbies!


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spoon059

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Posted: 07/10/19 11:32am Link  |  Print  |  Notify Moderator

Grit dog wrote:

spoon059 wrote:

Grit dog wrote:

Don’t be so gullible

Did you know that the word gullible isn't even in the dictionary...?


Sht! I fell for it!!

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p220sigman

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Posted: 07/10/19 01:41pm Link  |  Print  |  Notify Moderator

I'll start to be concerned about it when I hear of someone getting stopped for 5.1 MPH over the limit and getting their vehicle seized with no criminal action/allegation involved.

Thom02099

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Posted: 07/10/19 02:40pm Link  |  Print  |  Notify Moderator

JRscooby wrote:

apr67 wrote:

I hope that soon civil asset forfeiture will join communism on the dung heap of history. Its not constitutional in the slightest.


Will not happen as long as it is only applied to people that are powerless. If we would use it for trickle down law enforcement I think it could be quite effective. For example, you want to stop illegal immigration? On Wed. go thru a plant, hotel, construction site, and check everybody's papers. Spend Thursday and Friday learning who owns the business, and what else they own. Friday night, a SWAT team comes in the house setting off flash bangs, and waving automatic weapons around the family. Wife and kids, dressed in cheap jumpsuits, out on the street, owner dressed in chains, go to cage. All accounts and other assets now belong to state, unless you can prove that no part of them was paid for by the profits of illegal workers.
This happen once, and reported in WSJ, where other business owners can read, by the next Wednesday no undocumented would be working anywhere in the country.


Your Papers, Bitte Sehr...


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bigred1cav

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Posted: 07/11/19 10:59am Link  |  Print  |  Notify Moderator

Policing for profit

The technique attracts the ire of activists on the left and right, and occasionally it bursts into public view after especially egregious seizures.

Supreme Court Limits Civil Asset Forfeiture, Rules Excessive Fines Apply To States
LAW
Supreme Court Limits Civil Asset Forfeiture, Rules Excessive Fines Apply To States
D.C.'s Aggressive Confiscation Of Illegal Guns Leaves Residents Feeling Targeted
NATIONAL
D.C.'s Aggressive Confiscation Of Illegal Guns Leaves Residents Feeling Targeted
One of the most visible opponents of civil asset forfeiture is a libertarian-leaning nonprofit called the Institute for Justice. It has argued for years that the billions of dollars in forfeited property amounts to a system of "Policing for Profit." They took on Timbs' case, arguing that the seizure of the truck constituted an "excessive fine," in violation of the Eighth Amendment of the U.S. Constitution.
https://www.npr.org/2019/04/09/710456736/defining-whats-excessive-in-police-property-seizures-remains-tricky




A simple traffic ticket is not a criminal citation. Minor traffic offenses are civil citations, which means they are not considered misdemeanors (or felonies) and are not a part of your criminal record. As a result, a speeding ticket will not show up on a background check if the check focuses on criminal history.


At U.S. Supreme Court Argument, Indiana Claims It Can Forfeit Cars ...
https://www.forbes.com/.../at-u-s-supreme-court-argument-indiana-claims-it-can-forfe...
Nov 29, 2018 - Indiana's solicitor general argued that civil forfeiture was completely unprotected ... Indiana Claims It Can Forfeit Cars For Speeding, Minor Drug Crimes ... that “there is no excessive fines issue” for in rem civil forfeitures, and





drsteve

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Posted: 07/11/19 04:15pm Link  |  Print  |  Notify Moderator

The theory behind this travesty is that the legal action is taken against the property, not the owner/possessor of the property. Therefore, the owner's rights do not come into play. And since bank notes and cars have no legal rights...


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fj12ryder

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Posted: 07/11/19 05:08pm Link  |  Print  |  Notify Moderator

That's exactly the right word: travesty.


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Posted: 07/12/19 06:01am Link  |  Print  |  Notify Moderator

p220sigman wrote:

I'll start to be concerned about it when I hear of someone getting stopped for 5.1 MPH over the limit and getting their vehicle seized with no criminal action/allegation involved.


May want to be concerned! In Ohio 2 guys got pulled over because they didn't signal a lane change. They were going to buy a car or something and the cops searched and took their money! Look it up on You Tube. It is a story from TV station doing a story on those kind of thefts!


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apr67

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Posted: 07/12/19 08:52am Link  |  Print  |  Notify Moderator

mich800 wrote:


I agree. I still do not know how this practice has not been shot down simply from the lack of due process aspect. Then the whole, is the value of the forfeiture appropriate for the crime. But that is full circle as was there even a crime?


Even if a crime exists its wrong. If the court awards damages, I can see the court taking possession and liquidating the asset to pay the damages because you won't, but I see no reason why LE should have anything to do.


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