Appeals Court rules state must return $225K seized from California man during Brandon traffic stop [More]
Will he be compensated for the time and money he has spent fighting this?
And what will it personally cost the government thieves?
Here’s the way the JBTs describe it:
Asset forfeiture is a powerful tool used by law enforcement agencies, including the FBI, against criminals and criminal organizations to deprive them of their ill-gotten gains through seizure of these assets.
“Criminals.” That sure implies they’ve been tried, found guilty, and sentenced, doesn’t it?
Someone with a better historical understanding help me out here: I found, on the Hawaii Criminal Justice Division’s page of all places, the claim that “The first statute authorizing civil forfeiture was enacted by Congress in 1789 as a sanction for the use of ships in customs violations. (Act of July 31, 1789, Sections 12, 36; 1 Stat. 39, 47.)”
If anybody has time to dig into this right now, does it say anything about them being tried and convicted first? I’m wondering if a Bruen style “text, history,. and tradition at the time of ratification” argument could be made.
[Via Michael G]
