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I'm confused as to why it hasn't yet. There have been complaints about civil asset forfeiture since like the '90s? How has a case not been challenged and gone t
by openasocket 9y ago
I'm confused as to why it hasn't yet. There have been complaints about civil asset forfeiture since like the '90s? How has a case not been challenged and gone to the Supreme Court yet? Or has it gone already, and been upheld? I honestly don't understand how civil asset forfeiture can be constitutional, and I'd like to hear someone give any kind of argument otherwise.
- deleted 9y ago[deleted]
- burkaman 9y agoThere was a related case recently: https://www.supremecourt.gov/opinions/13pdf/12-464_7mi8.pdf https://www.supremecourt.gov/opinions/13pdf/12-464_7mi8.pdf
- Spooky23 9y agoIt's tough because the legal theory is established and sound depending on your point of view. It arises from maritime law around contraband and ships. The problem is that the scope of how it's implemented today is much larger and more impactful. The result is that we have policy at the Federal level that effectively criminalizes cash. Because the legal foundation is sound, it is difficult for the courts to act -- we really need changes in law. That's why law originates from the Congress... to check the executive.