The Campaign For DA

6.10.2016

The Government Do Take A Bite Out

So how does this work?

Example: Cops make traffic stop of you in your $25,000 paid off car. They find a minuscule amount of dope after illegally searching the vehicle without probable cause or consent. Cops arrest you and refer case to prosecutor. Prosecutor notices the illegal search but files a lawsuit to take the car.

Criminal case = Thrown out since dope cannot be used against you.  You're free.
Forfeiture case = Government takes your car despite the illegal search.

(I'll give credit to the tweeting judge Willett who concurred in the opinion but dropped a huge hint in a footnote suggesting that the Court needs to be presented with a "clean constitutional challenge" to the Texas forfeiture system. It's technical, but he's saying "Don't argue whether the exclusionary rule applies to civil forfeiture cases. Instead, attack the whole system on Due Process grounds.")

11 comments:

Anonymous said...

OMG!! I hope I'm not becoming a liberal. I actually agree with you that this is a stupid ruling. (At least by what little I know about it)

Anonymous said...

Miniscules amounts of dope kills. Quit making excuses and pay the price idiot. That should set you straight.

Anonymous said...

Another way to not have your vehicle seized for drug transporting is to not transport drugs in your vehicle. Works every time. Anyway, it's always good, I guess from what I've learned here, when all the "I just have a minuscule amount and I've never done this before" crowd are free to continue their role in perpetuation of a drug trade that, along its course, hurts and kills thousands. Please continue to go to the families and funerals of those who started with "minuscule amounts" and let them know you don't see what's such a big deal.

Anonymous said...

They can and do seize your property even if you're carrying around cash that MIGHT have been used to purchase drugs.

http://www.heritage.org/research/reports/2014/03/civil-asset-forfeiture-7-things-you-should-know

Anonymous said...

YOU IDIOTS!! This is just an example ,your simple minds focus on the drug part not the issue of your property being taken and basically impossible to recover EVEN if found innocent of ANY charge.

wordkyle said...

This is nonsense. The government, with all its power and resources, should be held to the highest standard of evidence and "fair play" when going after a citizen. In a case like this, a government bureaucrat can just seize whatever he wants. This should be an obvious higher court reversal, but we saw how they voted on Kelo.

Anonymous said...

You'll notice, BG, that your favorite twit justice has now gone from disliking forfeiture, based on his past opinion that you once lined here, to approving of it. No doubt because he is seeking to be Attorney General...

And he had to do a concurrence, of course. Because attention whores have to attention whore.

Anonymous said...

Being against this form of CAF is absolutely not a liberal position. This is likely how they will eventually take our guns once Hillary stacks the court and repeals the 2nd Amendment.

Anonymous said...

1:45

Wait....who are you...and why are posting as WK?

Anonymous said...

The police have stolen more from citizens through civil forfeiture than thieves stole from citizens.
https://www.washingtonpost.com/news/wonk/wp/2015/11/23/cops-took-more-stuff-from-people-than-burglars-did-last-year/

Anonymous said...

How about when they seize your home or business over a half ounce of weed???