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Author Topic: 9-0 SCOTUS ruling that cops can't steal your shit  (Read 60 times)
Master of disaster

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Do you know the sound of thunder?

« on: February 21, 2019, 05:47:11 PM »

Wow - a unanimous decision tells you just how bad the cop revenueing had become....

"9-0: SCOTUS rules that Eighth Amendment’s “excessive fines” clause applies to the states

....this was an unholy whupping. 9-0 decisions aren’t unusual for the Court but it’s a bit unusual to have everyone on one side for a landmark constitutional ruling, finding that the “excessive fines” clause of the Eighth Amendment applies to the states via the Fourteenth Amendment.

The biggest point of disagreement between the justices, in fact, was a law-nerd dispute over whether the Due Process Clause or the Privileges or Immunities Clause, which has been a dead letter in constitutional jurisprudence since the late 19th century, is the provision that grants citizens protection from excessive fines levied by their state governments. (Clarence Thomas and Neil Gorsuch prefer the latter, the rest of the Court is sticking with the former.)

But as to the bottom-line result, there’s not a whisper of disagreement: No, of course your local government can’t seize your $40,000 SUV in connection with a crime when state law says the maximum fine is $10,000."


Listen to the thunder.
All Knowing Mega One

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Extreme times call for extreme measures.

« Reply #1 on: February 21, 2019, 06:34:47 PM »

It seems very unlikely to impossible and laughable, but is everyone going to be reimbursed for all the asset forfeiture above 10K?

Bad Movie Muad'Dib

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« Reply #2 on: February 21, 2019, 06:41:40 PM »

I’m sure those files have long since disappeared.
Master of disaster

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If you ignore a problem it goes away, right?

« Reply #3 on: February 22, 2019, 04:52:41 AM »

This is actually kind of amazing.

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