Comment by buran77
3 days ago
> but only accusing an inanimate object (the money itself), constitutional protections don't apply.
The loophole is that money, unlike most other inanimate objects, isn't considered "property".
Any fine should have the option of a court date attached in order to follow due process, like a traffic fine. But many types of fines don't have the presumption of innocence, or the day in court prescribed. Civil forfeiture is an extension of that process, also relying on the fact that money isn't property so taking it away doesn't violate the "no person may be deprived of property without due process of law" constitutional article.
You're just making things up. Civil Forfeiture is used for non-money items regularly, the definition of money has nothing to do with it.
Cars are not money, and are often confiscated/impounded/sold for Civil Forfeiture.
So bitcoins are safe, i assume. And, as a bonus, a dog can't smell it:)
I think so but then again so is a bank card. The card itself your property. And the money it gives access to are with the bank which means the concept of civil forfeiture no longer works (the police can't just frisk the bank and take the money).
Very interesting. So I can walk safetly in the street with a million dollar necklace, but not with $1000 in cash?
As safe as you can be with a million dollar necklace around your neck... But you're safe from legal civil forfeiture. Abusive forfeiture is a whole other matter entirely and (IANAL) I'm willing to bet the ones committing the abuse will get the presumption of innocence and you will have to prove the abuse.
> As safe as you can be with a million dollar necklace around your neck...
It's an easy way of declaring ones badassness.
Looking at Mr T, people had to ask themselves, "What kind of person feels confident enough to walk around with that much money on his neck?"
not necessarily; If the police recently busted a <gun ring/drug deal/insert generic illegal activity> paying for goods with that same style necklace(or any mental gymnastics to link the item type to a crime) then they could seize it as surely it is part of illegal activity.