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Civil Asset Forfeiture is evil

Repeater

Regular Member
Joined
Nov 5, 2007
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2,498
Location
Richmond, Virginia, USA
Know your Virginia gun rights event - June 03rd

It seems Jason Pelt really likes to discuss gun rights, including open carry. How refreshing for a candidate for Commonwealth's Attorney.

Know your Virginia Gun Rights, featuring Ed Levine.

It will be at the England Run Library, so carry is welcome or at least it's legal.
 

countryclubjoe

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Mar 3, 2013
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nj
In memory of Peter Nap and Skidmark, two members that participated in this thread topic, please allow me to recycle this two year old thread.

Civil Asset Forfeiture, is in my opinion, clearly one of the most vile, unconstitutional laws ever perpetrated by the government on individual liberty.

Title 18 United States code section 981-- clearly violates the 4th amendment and the 5th amendment, the rumble your hearing, is the Founders rolling around in their graves.. Based on this code, the government can and will seize your property, home, cash, weapons, anything of value, without affording said citizen the benefits of the constitutions fourth and fifth amendment protections.

In my limited research on this unconstitutional code/law, I have read of many horror stories of law abiding citizens, losing their homes, their cash, some have sat in jail, simply because they had no money for bail, one case out of Philadelphia, a man was arrested for possessing one joint, the police confiscated, the cash on his person, $171.00.. Turns out his bail was a mere $175.00 however he did not have the required bail money, and sat in jail until his hearing date, which was some 30 days after his arrest. See Institute for Justice, to find more horror stories.

Anyone concerned with the constitution and individual rights in particular, should concern themselves with this horrible unconstitutional code/law.

There presently is/was purposed something called " The Due Process Act of 2016" see H.R. 5283, however, I believe it is stalled in the house.

Interesting caveat, the government claims that property need not be afforded the protections of the Constitution. WOW UNBELIEVABLE!

Please do some research on Civil Asset Forfeiture, and form your own opinion thereof. This horrible unconstitutional law, may someday happen to one of us, or a member of our family..

RIP, Peter and Skid!

Regards
CCJ
 

Va_Nemo

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Lynchburg
Post conviction forfeiture of financial interests that are strongly related to the criminal activity basis of the conviction I can see. Otherwise, NFW.

Nemo
 

countryclubjoe

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nj
Post conviction forfeiture of financial interests that are strongly related to the criminal activity basis of the conviction I can see. Otherwise, NFW.

Nemo

The issue, if you should care to research, is that, there is no convictions, there is also no due process. Many cases are dropped, however recouping of property, cash, etc, takes money and time.. Many lives are ruined.

Civil Asset Forfeiture, trumps the dictates of Nazi Germany.. Average law abiding citizens, are stripped of their rights, without any constitutional protections.. Bear in mind, that this is 21st century America, not 20th century Germany.

My .02
Regards
CCJ
 

Va_Nemo

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Joined
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Messages
654
Location
Lynchburg
The issue, if you should care to research, is that, there is no convictions, there is also no due process. Many cases are dropped, however recouping of property, cash, etc, takes money and time.. Many lives are ruined.

Civil Asset Forfeiture, trumps the dictates of Nazi Germany.. Average law abiding citizens, are stripped of their rights, without any constitutional protections.. Bear in mind, that this is 21st century America, not 20th century Germany.

My .02
Regards
CCJ


I understand completely. Unfortunately you do not understand my comment. You might take off your "smartest being that ever has or will be alive in this plane of existence" and just go to your "relatively well educated" hat for this.

Nemo
 

countryclubjoe

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nj
I understand completely. Unfortunately you do not understand my comment. You might take off your "smartest being that ever has or will be alive in this plane of existence" and just go to your "relatively well educated" hat for this.

Nemo

I shall acquiesce to your wish and wear my "relatively well educated hat".. However, please do me the courtesy and explain your comments in post # 28.. We all need to learn, even the folks wearing that so-called educated hat.

Thank you and regards!

CCJ
 

countryclubjoe

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nj
Post conviction forfeiture of financial interests that are strongly related to the criminal activity basis of the conviction I can see. Otherwise, NFW.

Nemo

Got it +1 and I apologize for any misunderstanding.

Regards
CCJ
 

countryclubjoe

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Clarence Thomas agrees. "This system—where police can seize property with limited judicial oversight and retain it for their own use—has led to egregious and well-chronicled abuses."

http://reason.com/blog/2017/06/21/clarence-thomas-attacks-civil-asset-forf

Confiscating property of law abiding citizens without due process is lawless enough however even worse is that there are times when said property is sold and used to purchase more equipment that assist with the process of asset forfeiture..

In 18th century America, the founders were enamored with the concept of property rights and more importantly the taken thereof.

Asset forfeiture is clearly one of the most vile unconstitutional actions ever enacted on the American people. It defies the Constitution and the rule of law.. It violates personal liberty under the guise of the so called war on drugs... Until this vile unconstitutional practice is dissolved nothing you own is actually your's for it could be confiscated on a whim..

I fear our great document is nothing more than a piece of paper, the legal maxims thereon are losing there meaning and authority.

" If any man's money can be taken by a so-called government, without his own personal consent, all his other rights are taken with it; for with his money the government can, and will, hire soldiers to stand over him, compel him to submit to its arbitrary will, and kill him if he resist" Lysander Spooner..

My .02
CCJ
 

Fallschirjmäger

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Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
Civil forfeiture is a horrible thing... unless you're an elected county official and then the federal retirement you earned is fair game. Then it can be confiscated from the offical even for the slightest of misdemeanors.

I'm not falling for CCJ's use of 'there' instead of 'their' this time. Well, now that we know it's just a carefully crafted ruse by him. :rolleyes:
 
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countryclubjoe

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nj
Civil forfeiture is a horrible thing... unless you're an elected county official and then the federal retirement you earned is fair game. Then it can be confiscated from the offical even for the slightest of misdemeanors.

I'm not falling for CCJ's use of 'there' instead of 'their' this time. Well, now that we know it's just a carefully crafted ruse by him. :rolleyes:

Falls, civil asset forfeiture what a unique concept for the government to shred the constitution. Their claim is that property, (cars, homes, cash, land) have no rights, therefore they claim in rem jurisdiction and any owners of said properties need to prove that said property was not gained via illegal activity (drug money) fraud etc.

When you get a moment, read U.S. v 1,074,900 (Tara Mishra).. Interesting the government takes the property to court.

Also U.S. v one 2003 mercedes benz

Again, it appears that the G counts on folks not challenging the forfeiture, time either expires or the folks do not have the financial means to litigate.

The more I research civil forfeiture, the more I realize that individual tangible assets are NOT VERY SAFE from our ever growing intrusive corrupt government. If they can see it and touch it or simply know (we) possess it, they can steal it..

In my humble opinion as the Federal government or state and local governments financial situations become more direr, their actions will grow more oppressive..

Thoughts Sir..

My .02
CCJ
 
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countryclubjoe

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Joined
Mar 3, 2013
Messages
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Location
nj
We both hate the concept, Joe, I guess I just hate it a little more than you do.

Please explain, I actually feel it is the most vile unconstitutional action since slavery.. However if you invented an instrument to measure hate or love and need some financial assistance marketing said instrument, Ill hand you a signed blank check, you fill in the blanks..

CCJ
 
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