Re:Cops still take more stuff from people than burglars do
by Joker_vD on Wednesday August 02, 2023 @03:36PM
(#36976025)
I don't argue with that! I just explained how it was possible to implement it in law in the first place.
Re:Cops still take more stuff from people than burglars do
by abigail95 on Wednesday August 02, 2023 @09:37PM
(#36980283)
It's not an accurate assesssment of its legality.
The government has to prove suspicion of wrongdoing on a preponderence of the evidence.
Edit:
You can show up to a civil forfeiture case as a claimant, refuse to answer other questions under the 5A, and walk out with the goods if the judge doesn't think there's any wrongdoing.
From my perspective, “cops can take your stuff unless you prove your innocence because it’s not a criminal proceeding” is a distinction without a difference. Cops shouldn’t be able to just take your stuff.