Supreme Court rules no quick hearing required when police seize property

[jct74]

Divided Supreme Court rules no quick hearing required when police seize property

BY MARK SHERMAN
May 9, 2024

WASHINGTON (AP) — A divided Supreme Court ruled Thursday that authorities do not have to provide a quick hearing when they seize cars and other property used in drug crimes, even when the property belongs to so-called innocent owners.

By a 6-3 vote, the justices rejected the claims of two Alabama women who had to wait more than a year for their cars to be returned. Police had stopped the cars when they were being driven by other people and, after finding drugs, seized the vehicles.

Civil forfeiture allows authorities to take someone’s property, without having to prove that it has been used for illicit purposes. Critics of the practice describe it as “legalized theft.”

Justice Brett Kavanaugh wrote for the conservative majority that a civil forfeiture hearing to determine whether an owner will lose the property permanently must be timely. But he said the Constitution does not also require a separate hearing about whether police may keep cars or other property in the meantime.

...

read more:
https://apnews.com/article/supreme-...ng-sotomayor-d1aafeb7a114d9774210342912e14f44

 

[CCTelander]

Justice was served.

 

[Occam's Banana]

[...] even when the property belongs to so-called innocent owners.

"So-called" sure is a strange way to spell "presumed".

But at least they haven't started putting air-quotes around "innocent". (Well ... not yet, anyway.)

And speaking of air-quotes ...

Justice was served.

"Just Us" was served.

 

[TheCount]

In a dissent for the liberal members of the court, Justice Sonia Sotomayor wrote that civil forfeiture is “vulnerable to abuse” because police departments often have a financial incentive to keep the property.

You don't say

 

[CCTelander]

"So-called" sure is a strange way to spell "presumed".

But at least they haven't started putting air-quotes around "innocent". (Well ... not yet, anyway.)

And speaking of air-quotes ...



"Just Us" was served.

As you have cautioned me many times Comrade, I leave State matters to the State.

Life is simpler that way.

 

[Occam's Banana]

As you have cautioned me many times Comrade, I leave State matters to the State.

Life is simpler that way.

You are a wise comrade, comrade.

 

[CCTelander]

You are a wise comrade, comrade.

From your mouth to Differently Sized Gender Non-Specific Crèche Companion’s ears, comrade.

 

[dannno]

Justice Neil Gorsuch was part of Thursday’s majority, but in an opinion also joined by Justice Clarence Thomas, Gorsuch said larger questions about the use of civil forfeiture remain unresolved.


Noting that civil forfeiture has become a “booming business,” Gorsuch wrote the court should use a future case to assess whether the modern practice of civil forfeiture is in line with constitutional guarantees that property may not be taken “without due process of law.”

..

 

[ClaytonB]

SCOTUS doubles down on judicial abuse of authority.

Unfortunately, this reduces the chances that we can find a gentler resolution to the current impasse than abolition of the Federal government and re-constitution to replace it with a government that will actually carry out the will of We The People instead of serving the plutocracy in exchange for $$$.

But if there is no other resolution, so be it, there is no other resolution.

 

[oyarde]

so scotus believes a yr to be timely ?

 

[Anti Federalist]

Color me surprised.

 

[oyarde]

AF is correct , no suprise tey go against citizens

 

[Two.L]

How TF does counsel NOT argue taking.

 

[unknown]

The Supreme Fraud is an unconstitutional political body which was never delegated the power of judicial review.

It now exists to rubber stamp government power grabs.

 

[sparebulb]

..

Gorsuch is another profile in courage.

 

[Cleaner44]

Can we create Constitution 2.0 please?