4 ms·
Unreasonable search and seizure is prohibited by the fourth amendment and this is definitely unreasonable. This would also seem to violate the eighth amendment
by NetMageSCW 1y ago
Unreasonable search and seizure is prohibited by the fourth amendment and this is definitely unreasonable.
This would also seem to violate the eighth amendment as both cruel and unusual and in effect an excessive fine.
- brigade 1y ago“Unreasonable” in the context of the 4th amendment means whether they have sufficient reason to execute the search and seizure, which they did here. Evidence of smuggling was in plain sight. He is appealing to the supreme court on 8th amendment grounds of excessive fines, but the Supreme Court has thus far left it to individual states to determine whether individual fines are excessive. To which Alaska’s Supreme Court has already said “nope” in this case. At any rate, this case is rather unrelated to why civil forfeiture should be abolished.