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"High court likely to say states can’t levy excessive fines" (including property seizure)


DP Veteran
Dec 2, 2015
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California Caliphate
Political Leaning

The Supreme Court left little doubt Wednesday that it would rule that the Constitution’s ban on excessive fines applies to the states, an outcome that could help an Indiana man recover the $40,000 Land Rover police seized when they arrested him for selling about $400 worth of heroin.

A decision in favor of 37-year-old Tyson Timbs, of Marion, Indiana, also could buttress efforts to limit the confiscation by local law enforcement of property belonging to someone suspected of a crime. Police and prosecutors often keep the proceeds.

It's about time.

I remember in Nevada I remarked on a lady cop's Corvette police car. She was pretty happy with herself. Curious, I called the local paper and was told it was a misdemeanor bust that never went to trial.

I have no doubt the Supremes will toss this confiscation clause, and police departments will be crying alligator tears everywhere. And we also have a new SCOTUS member who has a new appreciation for due process and the rights of the accused!

As I recall, the reason for the law was in the 70's cartel lawyers were beating the fed's in court, so the confiscated the money first (denying them due process), so they couldn't afford the top of the line attorneys. So as usual, this morphed into to stealing slum dwellers rent money because "well, ah, you know, ah, drugs get sold around here".

Give the government an inch and they will take the whole ruler and the arm that was holding it.
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