I hope a case gets before the court soon and it is deemed unconstitutional.
http://www.huffingtonpost.com/...a8a5e4b0d8c45f453f8f
Supreme Court Justice Clarence Thomas sent a strong signal on Monday about his feelings toward civil asset forfeiture, a controversial law enforcement tool that allows police to seize cash and property from people who haven’t been convicted of a crime ― and in many cases, haven’t even been charged.
In a one-line order, the high court declined to hear a case related to the practice. But in an accompanying statement, Thomas broadly questioned whether civil forfeiture could withstand legal scrutiny.
“This system — where police can seize property with limited judicial oversight and retain it for their own use — has led to egregious and well-chronicled abuses,” wrote Thomas. “I am skeptical that this historical practice is capable of sustaining, as a constitutional matter, the contours of modern practice.”
Thomas went on to outline his concerns, noting that legal precedent ― most recently in the Supreme Court’s 1996 Bennis v. Michigan decision ― has been based largely on “early statutes” involving property related primarily to piracy and customs.
http://www.huffingtonpost.com/...a8a5e4b0d8c45f453f8f
Supreme Court Justice Clarence Thomas sent a strong signal on Monday about his feelings toward civil asset forfeiture, a controversial law enforcement tool that allows police to seize cash and property from people who haven’t been convicted of a crime ― and in many cases, haven’t even been charged.
In a one-line order, the high court declined to hear a case related to the practice. But in an accompanying statement, Thomas broadly questioned whether civil forfeiture could withstand legal scrutiny.
“This system — where police can seize property with limited judicial oversight and retain it for their own use — has led to egregious and well-chronicled abuses,” wrote Thomas. “I am skeptical that this historical practice is capable of sustaining, as a constitutional matter, the contours of modern practice.”
Thomas went on to outline his concerns, noting that legal precedent ― most recently in the Supreme Court’s 1996 Bennis v. Michigan decision ― has been based largely on “early statutes” involving property related primarily to piracy and customs.