South Carolina Judge Says State's Asset Forfeiture Programs Are Unconstitutional

South Carolina Judge Says State's Asset Forfeiture Programs Are Unconstitutional

5 years ago
Anonymous $xdcOWPpsb_

https://www.techdirt.com/articles/20191021/19081243236/south-carolina-judge-says-states-asset-forfeiture-programs-are-unconstitutional.shtml

Asset forfeiture certainly seems unconstitutional. But we don't have a lot of case law actually saying that. Something that began in the United States as a way to punish wrongdoers located elsewhere in the world, but whose property (usually a ship and its contents) had sailed into US jurisdiction, is now used by American law enforcement to take cash, vehicles, and whatever else they can haul away from people they think smell like weed.

The US government followed British law for its take on asset forfeiture. And yet, it was hardly ever used until the 20th century. Things ratcheted up during Prohibition, then faded away again. The New Prohibition -- the never-ending Drug War -- brought it back. And it's bigger than ever, despite the public's growing awareness that most of what's called "civil asset forfeiture" is just legalized theft.

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