News for hackers. Stuff that matters.

A comment on Police Can Seize and Sell Assets Even When the Owner Broke No Law. Parent comment

Re:Police Can Seize and Sell Assets Even When the Owner Brok... by rhino369 on Tuesday November 11, 2014 @01:31AM (#8588591)
You do get due process. If the police take your property, you file a notice with them that it is your property. They either give it back or file a civil suit against the property. That civil suit will have a trial, which is the due process.
[ Parent | on HN ]
Re:Police Can Seize and Sell Assets Even When the Owner Brok... by dpieri on Tuesday November 11, 2014 @01:45AM (#8588615)
I think the issue mark-r was talking about is that the property is seized before any sort of due process has concluded. Also, if the government doesn't bring a case against you you have to actively fight to get your property back. So if your car is seized and neither party takes any further action the default behavior is the government now owns your car. [someone correct me if I'm wrong about this]
[ Parent | on HN ]
Re:Police Can Seize and Sell Assets Even When the Owner Brok... by superuser2 on Tuesday November 11, 2014 @02:00AM (#8588658)
You are arrested and placed in a cage before any sort of due process has concluded.

The due process doesn't have to be first, it just has to happen, and it has to be binding. (i.e. they can't just keep you or your property if they lose the trial)

[ Parent | on HN ]
Re:Police Can Seize and Sell Assets Even When the Owner Brok... by jMyles on Tuesday November 11, 2014 @03:43AM (#8588906)
> You are arrested and placed in a cage before any sort of due process has concluded.

Well, that's not really supposed to happen either.

[ Parent | on HN ]
Re:Police Can Seize and Sell Assets Even When the Owner Brok... by rhino369 on Tuesday November 11, 2014 @11:42AM (#8590731)
Of course it is. The Bill of Rights contemplates bail, so obviously it wasn't considered a violation of due process to hold someone before trial.
[ Parent | on HN ]
Re:Police Can Seize and Sell Assets Even When the Owner Brok... by jMyles on Tuesday November 11, 2014 @02:26PM (#8591646)
I'm sorry, I was unclear. I meant to suggest that the right to be free from excessive bail has been eroded as well.
[ Parent | on HN ]