4 ms·
Here's the lesson I want people to take away from this: the idea that there is a literal interpretation of the Constitution is a myth. This egregious seizure i
by jmyeet 4y ago
Here's the lesson I want people to take away from this: the idea that there is a literal interpretation of the Constitution is a myth.
This egregious seizure is just further proof that the Fourth Amendment is pretty much dead. Any kind of forfeiture without probable cause should be a Fourth Amendment violation but yet civil asset forfeiture (the most egregious form of Fourth Amendment violation) remains legal.
Probably the worst thing about this case is that the government has been caught in a lie and isn't backing down and they want to keep the contents. Any "evidence" gleaned from these contents should be absolutely inadmissible without prior and specific probable cause. There should be no allowance for "there's no reason why legitimate customers would use USPV instead of a bank".
Lots of people distrust banks. Not using a bank is not evidence of a crime let alone probable cause.
I really hope the FBI and the US attorney get their rear ends handed to them over this but I have doubts they ever will.
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- 42e6e8c8-f7b8-4 4y agoThe Institute for Justice keeps trying to send civil asset forfeiture all the way up the courts to the Supreme Court. https://ij.org/issues/private-property/civil-forfeiture/ https://ij.org/issues/private-property/civil-forfeiture/ Support their work to have a chance of restoring this right.
- anm89 4y agoPretty crazy to me that this has never made it to the supreme court. Is there some reason for that? Is someone blocking it?
- 42e6e8c8-f7b8-4 4y agoI think it will, with IJ sponsoring lawsuits, in addition to the the Beverly Hills FBI fiasco. The deal is that many agencies only do civil asset forfeiture with game theory in mind. They will only take $10k , because it would be a Pyrric victory to win in court, since the lawsuit would cost you more than $10k. They also play games where they'll give you back the money if you're angry enough to sue them anyway, then you no longer have a case and you can't continue your suit. Give IJ $20. I think they have a chance of getting it done.