3 ms·
Civil asset forfeiture should not be considered constitutional, and some day a test case will make it to the SCOTUS. As for this case though... the pardon does
by cryptonector 2y ago
Civil asset forfeiture should not be considered constitutional, and some day a test case will make it to the SCOTUS. As for this case though... the pardon does not make Ulbritch innocent! On the contrary, accepting the pardon implies guilt. So the pardon need not and might not extend to forfeitures. Though it's also possible that the presidential pardon could extend to the forfeitures, but I suspect that's a constitutional grey area.
- tptacek 2y agoCases have made it to the Supreme Court --- recently! --- and it held up just fine. This is another message board fixation. I'm sure it's abused all over the place. It wasn't in this case.
- bb88 2y agoIf the cases start with: "US v $200,000", that probably needs to go away. I doubt I would be able to get away with "bb88 v $2B". It should so belong to me.
- cryptonector 2y agohttps://www.law.upenn.edu/live/news/16740-civil-forfeiture-decision-may-present-hope-as-well https://www.law.upenn.edu/live/news/16740-civil-forfeiture-d... ? That's not very conclusive.
- tptacek 2y agoWhat part of this makes you thing CAF is on shaky constitutional ground? This is a CAF case with reach-y fact patterns for the government and they won it handily. We didn't even get close to the question of whether CAF is itself constitutional; the court simply presumed it.
- cryptonector 2y agoThis was about the timing of a hearing about forfeiture, not about whether forfeiture is ok. Though I've not read this case yet, but now that I'm aware of it I'm keen to read it. I'll comment again later.
- bb88 2y agoCivil asset forfeiture connected to an actual crime should be. You should not own the guns you used to murder someone else, e.g. Otherwise it's "your $100,000 in dollars in cash looks guilty to me."
- cryptonector 2y agoRight, if you've been found guilty, the your assets can be forfeited.