SCOTUS to Decide Civil Forfeiture Under 8th Amendment; Timbs v. Indiana

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Fife
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Re: SCOTUS to Decide Civil Forfeiture Under 8th Amendment; Timbs v. Indiana

Post by Fife » Tue Feb 26, 2019 11:02 am

I didn't pick up that Indiana has a law against civil forfeiture; indeed Mr. Timbs seems to have run afoul of some law directly allowing it.

I did gather that they have a state constitutional provision against excessive fines, or some functional analog to the federal 8th.

McClanahan is right about the piss-poor approach we have to incorporation of the Bill of Rights against the states. It's a freaking disaster. I would urge anyone to take a quick read of Thomas' concurrence to get a flavor as to why.

Now, as to why the trial court didn't apply and interpret the state constitutional provision, I don't know, and I doubt I'll be doing any free research about why. McClanahan doesn't know either, but he's willing to call it stupid. I'm willing to be convinced it was stupid, and what the reason was, even if I'm not willing to do the research just for fun.

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Re: SCOTUS to Decide Civil Forfeiture Under 8th Amendment; Timbs v. Indiana

Post by SuburbanFarmer » Wed Feb 27, 2019 11:20 am

So, we can expect 50 states to decide on whether to cut off their unlimited revenue stream? This should be fine.
SJWs are a natural consequence of corporatism.

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atanamis
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Re: SCOTUS to Decide Civil Forfeiture Under 8th Amendment; Timbs v. Indiana

Post by atanamis » Thu Feb 28, 2019 1:45 pm

Fife, thanks for walking us through this. It is really stunning that civil forfeiture continues to be a thing that the people permit to allow, and it is frustrating that SCOTUS chose this path here.

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Fife
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Re: SCOTUS to Decide Civil Forfeiture Under 8th Amendment; Timbs v. Indiana

Post by Fife » Thu Feb 28, 2019 1:50 pm

atanamis wrote:
Thu Feb 28, 2019 1:45 pm
Fife, thanks for walking us through this. It is really stunning that civil forfeiture continues to be a thing that the people permit to allow, and it is frustrating that SCOTUS chose this path here.
Well, it's about the best to be expected, considering the ass-backward Substantive Due Process approach to the 14th, as opposed to plain common sense Privileges and Immunities.

The Timbs case will at least invite a crowd of litigants asking the SCOTUS for review of civil asset forfeiture as a general issue under the 8th amendment's Excessive Fines clause, along with ordinary procedural due process. I think that will probably be a 7-2, or maybe 6-3, winner before the current SCOTUS, if and when they take a case for it.

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C-Mag
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Re: SCOTUS to Decide Civil Forfeiture Under 8th Amendment; Timbs v. Indiana

Post by C-Mag » Fri Jul 09, 2021 8:48 am

Civil Asset Forfiture greater than all burglaries

Washingington DC police just shaking people down in the street for cash, $20 at a time.
https://twitter.com/equalityAlec/status ... 5381200909


From 2015
https://www.thelibertybeacon.com/law-en ... last-year/

Current
New Report Finds Civil Forfeiture Rakes in Billions Each Year, Does Not Fight Crime
Poor Forfeiture Laws Allowed State and Federal Governments to Forfeit More Than $68.8 Billion Over Past 20 Years
https://ij.org/press-release/new-report ... t-crime-2/
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DBTrek
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Re: SCOTUS to Decide Civil Forfeiture Under 8th Amendment; Timbs v. Indiana

Post by DBTrek » Fri Jul 09, 2021 8:53 am

C-Mag wrote:
Fri Jul 09, 2021 8:48 am
Civil Asset Forfiture greater than all burglaries

Washingington DC police just shaking people down in the street for cash, $20 at a time.
https://twitter.com/equalityAlec/status ... 5381200909


From 2015, looking for more recent stats
https://www.thelibertybeacon.com/law-en ... last-year/
Well ... sounds like all kinds of liberty going on.
I mean, they won't be passing that money to their kids - creating dynasties and whatnot - so even though it sounds like common government thuggery maybe it's just an exotic flavor of freedom we're unacquainted with.
:lol:
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C-Mag
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Re: SCOTUS to Decide Civil Forfeiture Under 8th Amendment; Timbs v. Indiana

Post by C-Mag » Fri Jul 09, 2021 8:56 am

DBTrek wrote:
Fri Jul 09, 2021 8:53 am
C-Mag wrote:
Fri Jul 09, 2021 8:48 am
Civil Asset Forfiture greater than all burglaries

Washingington DC police just shaking people down in the street for cash, $20 at a time.
https://twitter.com/equalityAlec/status ... 5381200909


From 2015, looking for more recent stats
https://www.thelibertybeacon.com/law-en ... last-year/
Well ... sounds like all kinds of liberty going on.
I mean, they won't be passing that money to their kids - creating dynasties and whatnot - so even though it sounds like common government thuggery maybe it's just an exotic flavor of freedom we're unacquainted with.
:lol:
Cops stopping low income people on the street and saying, 'Give me all your cash'........... I suspect it was used in commission of a crime' is some real 3rd world shit.
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DBTrek
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Re: SCOTUS to Decide Civil Forfeiture Under 8th Amendment; Timbs v. Indiana

Post by DBTrek » Fri Jul 09, 2021 8:59 am

C-Mag wrote:
Fri Jul 09, 2021 8:56 am
Cops stopping low income people on the street and saying, 'Give me all your cash'........... I suspect it was used in commission of a crime' is some real 3rd world shit.
Yep.
Where are all the "defund the police" advocates in this fight against civil forfeiture?
Seems like a good way to strip them of $27 billion or so.
Or ... is that too complex of a strategy for MSM lemmings?
:think:
"Hey varmints, don't mess with a guy that's riding a buffalo"