Re:Police use new device to seize money in bank accounts or ...
by morgante on Wednesday June 08, 2016 @04:29PM
(#11865394)
Here's the part which I don't understand: if it's a civil case, why do they get to seize the property before proving anything?
If I open a civil proceeding against you, I can try to prove that you owe me $5k and if I prove that to the appropriate standard you can be compelled to provide me with $5k. I can't hack your bank account, withdraw $5k, and then open a civil proceeding to retroactively legitimize my robbery.
The whole system is a massive violation of due process, no matter what legalese you try to use to justify it. If you're allowed to take people's property and then retroactively sue them if they complain, what is even the point of having the Fifth Amendment?
If I open a civil proceeding against you, I can try to prove that you owe me $5k and if I prove that to the appropriate standard you can be compelled to provide me with $5k. I can't hack your bank account, withdraw $5k, and then open a civil proceeding to retroactively legitimize my robbery.
The whole system is a massive violation of due process, no matter what legalese you try to use to justify it. If you're allowed to take people's property and then retroactively sue them if they complain, what is even the point of having the Fifth Amendment?