Two Alabama women spent more than a year trying to reclaim vehicles they owned, which the police had confiscated after arresting their drivers on drug charges.
I'll never understand how the US, of all the places in the world, in the world, tolerates a law that allows the state to forfeit private property without due process.
I'm not sure how much it should matter, but neither of the cars were in use by the owner, and both were confiscated with drivers who had drugs on them. I'm not saying right or wrong, but cops didn't just snag the cars and bounce. ACAB.
Saying the cars weren't in use by the owners is saying cops can confiscate parked cars. Adding a bit about drugs, which should be legal and regulated, is just saying cops can steal your stuff as long as they claim you did something wrong.
You are saying it was right by blaming the victims.
See the problem is that these women were stupid enough to be poor.. the smart rich people would have bought another car; and called the country prosecutor to get the cars returned. Silly people should have just eaten their cake.
“Culley and Sutton’s argument for a separate preliminary hearing appears in many respects to be a backdoor argument for a more timely hearing so that a property owner with a good defense against forfeiture can recover her property more quickly,” he wrote. “But the court’s precedents already require a timely hearing.”
Alabama has since amended its forfeiture law to allow owners of seized property to request expedited hearings.
“Our decision today does not preclude those legislatively prescribed innovations,” Justice Kavanaugh wrote. “Rather, our decision simply addresses the base-line protection of the due process clause.”
Seems like it's less about civil forfeiture and more about how quickly can they get their property back when civil forfeiture happens
Asset forfeiture was a big part of the War On Drugs. Here in Cleveland the cops confiscated a drug dealer's hot rod car (Trans Am I think) and used it for a patrol car, painted just like the other cop cars.
The Feds used to have to publish a list of all seizures, maybe still do. Once a week it was in USA Today and it was 4 pages long. IIRC Mid 90's Congress passed a law hampering the ability to seize and the weekly lists were 2 pages long after that