4 ms·

You get due process in the sense that you can sue for your money back and possibly even win. Due process does not imply fair process. You'll get no due proces

You get due process in the sense that you can sue for your money back and possibly even win. Due process does not imply fair process. You'll get no due process in the sense that the "authority" who took your money and deprived you of it's use will suffer no consequences due to "qualified immunity."

TheRealPomax 2y ago
I question this use of "possibly" here: can you? Not hypothetically, but can you actually win rather than the case being dragged out until you drop it or the judge sides with their government?
- akira2501 2y ago
  Yes, you absolutely can win these cases, but you must have essentially air tight evidence as to where the money came from and that was in fact the money that was seized. You can also appeal any judgement which prevents the money from leaving custody until the appeal is complete. The chances are very small due to the way the case is structured but it is entirely possible and it has been known to occur. The main issue is it's a _civil_ case against property and the rules of a civil trial massively over benefit the government and effectively ignore fourth amendment property rights.
  - deleted 2y ago
    [deleted]
jimt1234 2y ago
I can't believe it's been 6 years since I wrote this post: https://news.ycombinator.com/item?id=17395675#17398314 https://news.ycombinator.com/item?id=17395675#17398314 ... It basically explains local cops and "civil forfeiture", and how it ruined an innocent man's life, someone close to me. This was back in the early/mid-90s; "civil forfeiture" was brand new, and talk of "due process" - well, that just didn't exist.
- kragen 2y ago
  civil forfeiture in what is now the united states goes back to the 01600s and was used actively during the alcohol prohibition https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United_States#History https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United... thank you for linking your excellent comment incidentally, the thread six years ago was about https://en.wikipedia.org/wiki/Timbs_v._Indiana https://en.wikipedia.org/wiki/Timbs_v._Indiana, and you may be pleased to know that tyson timbs got his land rover back
LightHugger 2y ago
It operates under guilty until proven innocent, i suppose i didn't consider that due process. Having to prove yourself innocent is not viable.

TheRealPomax 2y ago

I question this use of "possibly" here: can you? Not hypothetically, but can you actually win rather than the case being dragged out until you drop it or the judge sides with their government?

akira2501 2y ago
Yes, you absolutely can win these cases, but you must have essentially air tight evidence as to where the money came from and that was in fact the money that was seized. You can also appeal any judgement which prevents the money from leaving custody until the appeal is complete. The chances are very small due to the way the case is structured but it is entirely possible and it has been known to occur. The main issue is it's a _civil_ case against property and the rules of a civil trial massively over benefit the government and effectively ignore fourth amendment property rights.
- deleted 2y ago
  [deleted]

jimt1234 2y ago

I can't believe it's been 6 years since I wrote this post: https://news.ycombinator.com/item?id=17395675#17398314 https://news.ycombinator.com/item?id=17395675#17398314 ... It basically explains local cops and "civil forfeiture", and how it ruined an innocent man's life, someone close to me. This was back in the early/mid-90s; "civil forfeiture" was brand new, and talk of "due process" - well, that just didn't exist.

kragen 2y ago
civil forfeiture in what is now the united states goes back to the 01600s and was used actively during the alcohol prohibition https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United_States#History https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United... thank you for linking your excellent comment incidentally, the thread six years ago was about https://en.wikipedia.org/wiki/Timbs_v._Indiana https://en.wikipedia.org/wiki/Timbs_v._Indiana, and you may be pleased to know that tyson timbs got his land rover back

LightHugger 2y ago

It operates under guilty until proven innocent, i suppose i didn't consider that due process. Having to prove yourself innocent is not viable.