SCOTUS came out Wednesday swinging for the fences in a stinging rebuke of States imposing excessive fines and forfeitures, with a 9-0 decision saying that...
The Supreme Court ruled unanimously Wednesday that state governments cannot impose excessive court fees, fines and forfeitures as a means of raising money.
The decision, which united the court's conservatives and liberals, makes clear that the Eighth Amendment's prohibition against "excessive fines" applies to the states.
...State and local governments increasingly use funds collected in criminal and civil cases to pay for municipal services. The 100 cities with the highest proportion of revenue from fines and fees in 2012 financed between 7 percent and 30 percent of their budgets that way, according to the American Civil Liberties Union.
Certain States have been using the uncertainty about the 8th Amendment applying to them, to financially rape anyone they can. Great decision by SCOTUS to unanimously strike down these practices.
You can fool all of the people some of the time, and some of the people all of the time...and those are pretty good odds.
Brett Maverick, gambler on TV (also used by Progressive leaders everywhere)
Granted, I know that some items would apply if being used with the commission of a crime (a meth lab for instance could be seized) but they have often over-stepped their bounds numerous times seizing property.
There is house at the end of the street where my middle son lives where the federal marshalls seized the property because they determined that some of the money the defendants paid for the house with had been used from the profits of drug sales.
fishman wrote:Like a state DNR confiscating vehicles of poachers
More like "You have several thousand dollars. I am now going to pretend that you got it illegally, and seize it. Now prove it was gotten legally, then sue to get it returned. Oh, and if you win the suit, I still won't return your money, because, haha, F--k you, helot."
The moments I was censored was the moment that I won. That's twice, now.Thanks jwbaker, et al, for my victories.
Or how about the case of a forfeiture of a Kia Soul in Wayne County MI by a policeman who didn't agree with Michigan's Medical Marijuana law. He waited near a Medical Marijuana store and when a customer came out with a purchase, he followed and pulled over the car. The person had a $10 bag of Medical Marijuana and showed the policeman a State Medical Marijuana card. It didn't matter, he ticketed the driver and seized the Kia under forfeiture rules.
Besides all the egregious examples of forfeiture, what may have convinced all SCOTUS Justices to take action, was Stephen Breyer's takedown of the Indiana Solicitor during oral arguments. Through a series of questions, Justice Breyer boxed in the Indiana lawyer and got him to admit that Indiana's forfeiture law allowed seizure of anyone's vehicle for a traffic ticket for as little as 5 mph over the speed limit. Everyone in the courtroom laughed loudly and mockingly at Indiana's lawyer and Indiana's forfeiture law.
You can fool all of the people some of the time, and some of the people all of the time...and those are pretty good odds.
Brett Maverick, gambler on TV (also used by Progressive leaders everywhere)
