4 ms·

How is civil forfeiture not a 5th amendment violation? "... nor be deprived of life, liberty, or property, without due process of law; nor shall private proper

by vaadu 10y ago

How is civil forfeiture not a 5th amendment violation? "... nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

beeboop 10y ago
The TLDR is that they are essentially "arresting" the property because it was used in a crime, regardless of who did the crime. The fact that it belonged to someone, often times the person who committed the crime, is sort of irrelevant in the government's opinion.
- bobwaycott 10y ago
  That's a bit generous of a TL;DR, don't you think? The reason civil asset forfeiture is controversial is that property can be seized even when a crime has not actually occurred but is merely alleged, and the owner of the property has not been proven guilty of a crime. There are dirty cops who have taken people's cash on the basis of trumped up charges. This isn't the first time this has been reported on in the US.
  - tamana 10y ago
    "Charges" is rather generous, isn't it? They don't even charge the property before seizing it.
  - beeboop 10y ago
    Not saying I agree with it, just explaining why it is legally allowed. And yes I should have used "allegedly" as a qualifier.
- x5n1 10y ago
  A lot of the confiscation does not make that claim even. It's mere suspicion.
bryanrasmussen 10y ago
this was the first hit on searching for "civil forfeiture supreme court" http://uk.businessinsider.com/supreme-court-ruling-on-civil-forfeiture-2014-11?r=US&IR=T http://uk.businessinsider.com/supreme-court-ruling-on-civil-...