[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

The Establishment Doesn’t Fear Trump, And It Doesn’t Fear Bernie. It Fears You.

Cop Demoted After Dumping His Retired K-9 Partner at a Shelter to Be Killed

Will Democrats Take Up Arms To Remove 'Dictator' Trump Or Are They All Talk?

Cops Follow Unarmed Man into Bathroom for Jaywalking and Kill Him

Paula White, a White House employee and Trump's spiritual advisor, calls for 'satanic pregnancies to miscarry right now'

‘SNL’ cold open: Alan Dershowitz reunites with ‘just hanging’ Jeffrey Epstein in hell

MSNBC Anchor Denies Saying Slur During Kobe Bryant Clip

Kobe Bryant killed in Los Angeles helicopter crash

Why Do ... DemocraTs Suddenly --- HaTe Russia?

NFL launches new social justice ads

72 Things Caused By Gorebal Warming

New science proves that vaccines SPREAD infectious disease, causing up to 15 times MORE infections among fully vaccinated children

Trump v. RATZ/RINOZ 2020...easy decision, right?

Coronavirus 'will infect 350,000 people in Wuhan': Scientists make alarming prediction ahead of Chinese New Year as China locks down FOURTEEN cities, part of the Great Wall and Disneyland Shanghai – and even McDonald's shuts up shop

Bloomberg Trolls Trump and then Loses the Ball

'Show up to court with a toothbrush': ICE says sanctuary city officials should expect jail time if they ignore subpoenas

Zapruder’s JFK Assassination Footage Altered by Nefarious Forces

Michigan State Police Uncovers Breathalyzer Fraud…Technicians accused of falsifying documents that certified the accuracy of breathalyzer devices in Michigan

Video Shows Everything Cops Told the Public About Killing Man in His Driveway Was FALSE

Chinese Lab That Studies “World’s Most Dangerous Pathogens” is Based in Wuhan

A Real BOMBSHELL Book!

Mentally Ill Veteran Suffering After Cops Kill Service Dog As It Used the Bathroom, Lie About It Biting Them

Study Finds Unborn Babies May Feel Pain as Early as 12 Weeks

Terry Jones, Monty Python Founder and Scholar, Is Dead at 77

Virginia Democrats Push Legislation to Make Criticism of Government Officials a Criminal Offense

Virginia Democrats Give Finger To Gun Activists, Advance Gun Control. West Virginia Looks At Taking Counties From Virginia, Report Says.

False prophet? Pope Francis hosts bizarre drag queen-like circus performance in creepy reptilian-shaped Vatican Hall

“Democratic Institutions?” 10 Lessons from history that will destroy your trust in the CIA

Climate change hoax COLLAPSES as new science finds human activity has virtually zero impact on global temperatures

“He was Murdered” – 13 Month Old Infant Dies 14 Hours After Receiving the Flu Shot

Denver Post Columnist Fired After Arguing There Are Two Sexes

Cop Arrested for Faking War on Cops Story of Sniper Shooting Him Setting Off Massive Manhunt

More Than 4 Times as Many Police Officers Killed Themselves Than Were Shot in 2019

FEDS ran the so-called “white supremacist” group tied to VA Governor’s false claim that gun owners would stage armed assault on capitol in Richmond

How Japan Has Almost Eradicated Gun Crime

AOC declares Democrats a 'center-conservative' party: We don't have a 'left party' in this country

MUST SEE LIST of President Trump’s Historical and Miraculous Accomplishments Three Years Into His Presidency

To ‘Make America Great Again’ Trump Added a $1 TRILLION Deficit in 2019—Just Like Obama

Innocent Man Tries to Clean Cop’s Windshield to Earn Some Money, So the Cop Shot Him

New Bill to Allow Cops to Detain Citizens, Force Them to Explain Who They Are, What They're Doing

NINE WOMEN WE CAN DO WITHOUT IN 2020

It’s Clear That Northam Is Praying For Violence

Illegal Immigrants Blocked At Border Pray For Trump's Defeat "I wwant trump out'

The Tractor Backlash

VA State Senator Goes Public 72 Hours Before Rally: ‘We Are Being Set Up’

Richmond 2A Rallygoers To Be Corralled Into “Chain-Link Pen” With Only One Way In And Out

ICE ups ante in standoff with NYC: ‘This is not a request’

Trump's Lawyers Formally Answer Articles of Impeachment

Cops Mistake Medical Emergency for Drug Use, Viciously Beat Man with Batons

Epstein’s Former Lawyers Picked for Donald Trump’s Defense Team


Status: Not Logged In; Sign In

U.S. Constitution
See other U.S. Constitution Articles

Title: Asset Forfeiture and the Destruction of American Liberty
Source: The Future of Freedom Foundation
URL Source: https://www.fff.org/2019/12/02/asse ... struction-of-american-liberty/
Published: Dec 2, 2019
Author: Jacob G. Hornberger
Post Date: 2019-12-03 22:57:22 by Deckard
Keywords: None
Views: 126
Comments: 6

The Future of Freedom Foundation – by Jacob G. Hornberger

For centuries, it has been an established tenet of Western jurisprudence that a person cannot be punished for a crime unless the government first convicts him of the crime in a court of law. After the Constitution called the federal government into existence, our American ancestors demanded that this principle be enshrined in the Bill of Rights because they were convinced that federal officials would end up violating it.  

The Fifth Amendment states in part: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury…. nor be deprived of life, liberty, or property, without due process of law.”

What is “due process of law”? It is a phrase whose origin stretches all the way to Magna Carta in the year 1215. It means “notice and hearing.” In a criminal case, that means the federal government is prohibited from depriving a person of life, liberty, and property without a formally issued grand-jury indictment and a formal trial, where the government must prove a person’s guilt beyond a reasonable doubt. In a civil case, it means that the government must provide advance notice and a formal hearing or trial before it can deprive a person of his property.

The centuries-old judicial principle of due process of law was destroyed when Congress enacted what are called asset-forfeiture laws, which are part of the decades-long federal effort to win the war on drugs, which is arguably the most failed, deadly, destructive, and racially bigoted government program in our nation’s history.

Realizing that all of their previous efforts to “win” the war on drugs had failed, the feds came up with what they considered was a brilliant idea, but one that actually has turned out to be one great big crooked and corrupt racket that forcibly takes money out of the pockets of law-abiding citizens and puts it in the coffers of state cops and the federal Drug Enforcement Administration, in direct contravention of the due process clause of the Fifth Amendment.

Here is how the system works. The state police decide to stop a late-model car traveling down the highway that is being driven, say, by an African-American. The cop might come up with some excuse for the stop, such as a defective tail light. After asking for a driver’s license and car registration, the cop will ask the driver if it’s okay if he searches the vehicle. The driver, who has nothing to hide, says yes. The cop finds a case containing $10,000 in cash. The driver explains that he is on his way to buy a used car for his son.

What happens then? Under traditional rules of jurisprudence, nothing should happen except to let driver proceed on his way, with, at most, a citation for a defective tail light. The driver has not committed any other offenses. Under our system of justice, he should be free to be on his way.

But that’s not what happens under the asset-forfeiture law. The law permits the cops to assume that the cash must be “drug money.” Thus, the law now permits the cop to just take the driver’s money and transport it back to the police station, where the loot is divided up between the police department and the DEA.

Notice something important about this process: There are no criminal charges filed against the driver. There is no advance notice of the seizure. There is no hearing or trial before the seizure. People, especially poorer people, are having their money seized and taken from them by the cops in direct violation of the due process clause of the Fifth Amendment (as well as the due process clause of the Fourteenth Amendment).

The cops say to their victim: If you don’t like what we are doing to you, you can sue us. And they can. But as a practical  matter, most don’t. They just resign themselves to the theft of their money. After all, most of them don’t have the money to hire a lawyer to file a lawsuit in the hope of getting their money back. Even if they do, they know that they’ll have to pay the lawyer $300-$500 an hour, with no assurance that they will prevail in the litigation. It’s just not worth it to most people, especially most poorer people.

It’s a classic case of highway robbery at the hands of the state. It’s also a classic example of how Americans have had their liberty destroyed by their own government, which was precisely what our ancestors were trying to prevent when they enacted the Bill of Rights.

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

#1. To: Deckard (#0)

Bookmarked

THIS IS A TAG LINE...Exercising rights is only radical to two people, Tyrants and Slaves. Which are YOU? Our ignorance has driven us into slavery and we do not recognize it.

jeremiad  posted on  2019-12-04   13:54:26 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#0)

People, especially poorer people, are having their money seized and taken

That would be the "poorer people" driving around with $10,000 in cash, right?

misterwhite  posted on  2019-12-04   14:54:51 ET  Reply   Trace   Private Reply  


#3. To: Deckard (#0)

The driver explains that he is on his way to buy a used car for his son.

Uh-huh. Who's going to drive the used car back? Give me the address and phone number of the seller so I can check it. And a phone number for your son. Where did you get the $10,000 -- got a bank withdrawal slip?

Answer those questions and you're on your way. With your $10,000.

misterwhite  posted on  2019-12-04   15:02:38 ET  Reply   Trace   Private Reply  


#4. To: misterwhite (#3)

Answer those questions and you're on your way. With your $10,000.

...Thou shalt not steal...Romans 13:9c

watchman  posted on  2019-12-04   18:09:38 ET  Reply   Trace   Private Reply  


#5. To: watchman (#4)

...Thou shalt not steal...Romans 13:9c

Let every soul be subject to the governing authorities. For there is no authority except from God, and the authorities that exist are appointed by God. Therefore whoever resists the authority resists the ordinance of God, and those who resist will bring judgment on themselves.
-- Romans 13:1

misterwhite  posted on  2019-12-05   9:35:20 ET  Reply   Trace   Private Reply  


#6. To: misterwhite (#5)

Romans 13:1

Godless tyrants who care nothing about God or the Bible will quote Romans 13:1 to justify their tyrantcy.

Important verses of Scripture always have qualifying scriptures that, when used rightly, will give the spiritual man the whole counsel of God.

Here's some other verses NOT to take out of context.

Judas...went and hanged himself. (Matt. 27:5)...Go, and do thou likewise. (Luke 10:37)

watchman  posted on  2019-12-05   12:34:30 ET  Reply   Trace   Private Reply  


TopPage UpFull ThreadPage DownBottom/Latest

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com