No More 1505 Money?
- The Supreme Court ruled on Wednesday that the Constitution places limits on the ability of states and localities to take and keep cash, cars, houses and other private property used to commit crimes.
The practice, known as civil forfeiture, is a popular way to raise revenue and is easily abused, and it has been the subject of widespread criticism across the political spectrum. The court’s decision will open the door to new legal arguments when the value of the property seized was out of proportion to the crimes involved.
In this case, the court sided with Tyson Timbs, a small-time drug offender in Indiana who pleaded guilty to selling $225 of heroin to undercover police officers. He was sentenced to one year of house arrest and five years of probation, and was ordered to pay $1,200 in fees and fines.
State officials also seized Mr. Timbs’s $42,000 Land Rover, which he had bought with the proceeds of his father’s life insurance policy, saying he had used it to commit crimes.
The Supreme Court has ruled that the Eighth Amendment, which bars “excessive fines,” limits the ability of the federal government to seize property. On Wednesday, in a 9-to-0 decision that united justices on the left and right, the court ruled that the clause also applies to the states under the 14th Amendment, one of the post-Civil War amendments.
This has extreme implications for smaller departments that used forfeiture to fund all sorts of things. LArger departments? We'll see.
UPDATE: title corrected
UPDATE: title corrected
Labels: info for the police
posted by SCC at 12:05 AM
90 Comments:
I am glad... no more money for democratic bullshit projects
I agree.
Law enforcement should not be a for profit venture.
We need to get back to the constitutional basics in this country.
There's a difference between a seizure and impound...
22 blows, a small amount. If the supreme court justices only knew what heroin does to your brain chemistry, making you a human slave to the drug for the rest of your life( 98% relapse rate). One year home supervision, unreal. Its no wonder the Philippines executes drug dealers with law enforcement hit squads.
Hmmmmm...
Can some sharp, evil, filthy, nasty-assed shyster
use this court ruling to undo Chicago's red light
and speed camera revenue jackpot network?
As an aside... We have good friends down in
Ft. Lauderdale metro who we visit a couple of
times a year.
We adamantly refuse to drive because our muscle
memory for Chicago's deliberately short and
mis-timed yellow lights and low surface street
speed limits may result in us getting blown the
fuck up down there.
And not just there... In a bunch of other places
that skew toward "traffic movement" instead
of Chicago's pernicious "traffic control"
for the sake of revenue generation.
Can you still at least drive 30 to 35 mph
on Western Av. from Howard to 127th St. and
complete the drive in under 60 minutes?
A LOOONG time ago, you could...
HMMM
So let say you have 10 parking ticket total 2k
a Boot is put on your 50k truck and is towed.
What now???? The city has been stealing for a long time. You cant even return a carjacked victims car without begging the tow company and getting a commander to sign paper work. The victim still has to pay!!
Like anything else in regards to report writing, you must articulate thoroughly how the asset was obtained by the offender using the monies he accumulated by selling drugs, and how often he used that asset to package or deliver the drugs. Lots of surveillance is needed to document each incident that asset was used in those drug-related circumstances, specifically video surveillance.
Better get out there and write more tickets!!!
Just let um win! The courts will give the criminals all the rights to kill.
Next up to bat, the Speed Cameras and Red Light cameras.
They decided to act because, as always, there's someone or some agency out there that decides to push the envelope as far as possible. Cops are cops worst enemy legally.
Good it's about time !
What a joke. The shit heads continue to laugh their asses off. Can’t do anything to upset the community. Use that $50,000 car you bought from selling dope, to sell more dope, and when you get busted with a bundle of blows in that vehicle, not only do you not get legally in trouble, we can’t even take your vehicle. Not 1 dissenting huh? Wonderful. The lawyers muck up the waters and then laugh their ass off when they go free. Guilty as sin, free as a bird. People deserve what they get.
Some departments live off of speed traps others off of civil forfeiture. A few well maybe more than a few grab anything they can because they could. Its' time the Police start being law enforcement instead of tax collectors and robber barons.
Gotta have dem spinners.
Slow down .. seizure is one thing but an impound is another. Then again what happens when the owner cant pay for the impound and fees keep be added daily. I see a lawyer arguing it's now a seizure and the amount is excessive
KING HIPPO the all mighty desk queen who sits at his desk looking and acting like jabba the hutt. Donate $ Rightttt. He can use the lunch $ he used to steal from the POs he would bully. A week of vacations for all those working the desk or needing qn arrest approved.
Let people know about Illinois bills 322 and 323 by Rep. McSweeny. They are currently in the house. People are fed up with the red light money grab. These two bills will eliminate the red light cameras through out the State of Illinois.
The comment on the "boot" up above is interesting, as that is often seizing up a valuable asset for a much smaller fine. Chicago might have a problem with the program under this decision.
But for the underlying case there was a reason the Supremes were unanimous. Supposedly the maximum fine for the offense was something like $10000, but the seizure allowed the police to administratively seize up a $40000 car outside the scope of what was imposed by the legislative penalties. Heroin or no heroin, this was an administrative remedy pretty far beyond the legislative remedy, so all 9 of the Supremes decided that's too much arbitrary government.
That boot program in Chicago might have a problem here, at least sometimes.
Good decision.
"Anyone who thinks Joyce isn't a pawn for dale better consider these facts.Joyce helped run Rich Daleys campaign and Joyce was given a huge contract at Navy Pier to sell Ice cream and Booze and Joyces are one and the same.and before you give me the Joyce was in before Daley speech, do you think its possible Rahm told Daley he wasn't running and to get ready to roll, and Daley sent Joyce in to run to siphon off Vallas votes. CPD holds this election in their hands if they vote. Vallas will be a friend to Police. Vallas has a plan to fix the pension that Forbes and Brian Chicagos Business said worked .And Joyce has a plan to fund the pension with Casino and Legalized Marijuana money.EXCEPT WE DONT HAVE THAT MONEY YET JERRY."
And nobody, including Vallas, knows what's in the actual budget. Everything is speculative, and Joyce's estimates about revenue from a Casino and Marijuana haven't been pie-in-the-sky.
Joyce already is a friend to police. Unlike Paul, he actually grew up with and is still friends with Police, Fire, Teachers and other trades. He didn't move on from city to city like Paul because he didn't burn bridges. Why was Vallas living in Palos until a year ago? Unlike Paul, Joyce doesn't need the money because he's been self-supporting for all of his adult life, and didn't have to borrow money from his brother.
But please, go ahead, keep pointing to a relationship with the Daley's that is fractured, at best. Please ask Vallas for the honest answer about the tension between Joyce and Daley when they're in the same room. Please ask anyone who was at the Board of Elections about the tension in that room when Joyce's people and Daley's were about to throw down.
Ask the 500 volunteers that Joyce has out working the streets on his behalf if they would be out there fighting for another Daley Mayorship. Ask Jerry if he and his family are so greedy that they have those 500 volunteers out trying to keep Paul out of office so they can NOT get a piece of the PIE you say is coming to the Joyce family when Daley (might) win.
Ask us volunteers working in and around Daley's stronghold why they are ripping down our signs and putting theirs up in the exact same spot.
If you are going to spread lies, at least make them believable. Or get yourself out of your own little neighborhood.
Speaking of money, here is Paul Vallas talking about going in and getting a constitutional amendment to renegotiate pensions. Tune in around 11:45 to hear him say it, in his own words. He says nothing about funding your pension here, only using a constitutional amendment to overturn the current language that limits benefits being impaired or diminished.
https://www.youtube.com/watch?v=wNmrNaOpVzw
This has been a long time coming. There has always been the cop who is in a hurry to seize things without doing the leg work. Abuse and corner cutting will always jam us in the end. If you put all the pieces in place, do the lengthy surveillance, and proper documentation, things usually come out in LE favor, when it comes to asset forfeiture. With the exception of Cook County over the last couple of years, seizures have remained consistent, especially with money laundering cases done properly. I’ve heard and read that DuPage County had some issues under a older regime. Lake and Will Counties have always followed the law in most cases. About 5 years ago, legislation was passed and seizure screening forms needed to be completed. This gives the prosecutors a opportunity to review the case prior to accepting the seizure or returning the proceeds to the offender. It gave ASA’s a opportunity to confirm if the seizure fit the criteria.
what happened to the slew of confiscation laws passed by the ciiy some yeas ago?
those who bought dope or dumb enough pick up a street walker was subject to having car taken away.
the discussion by the city elders then is what to do if the car was a rental?
As an old Narc- I think that they made a good call on this one. Turning Cops into "Bounty Hunters" for cash seizures, cars, property, etc. was not a good idea.
I can remember years ago getting into a van at Dan Ryan Woods with another Cop to make a buy from some goof and my partner says "Nice van, is it paid for?"- fortunately this idiot dealer didn't get the joke.
Good, how many innocent folks with cash in their pockets have been ripped off by small-town traffic stops. For instance, you are a businessman or farmer on your way to buy a piece of equipment, the seller for whatever reason has asked for cash. They are stopped for some BS traffic infraction and searched. The cops determined that the cash is to be used for some illegal transaction and take it. It will cost the innocent citizen untold hours and much cash to get back his property or/and money. This is not what America should be doing to its citizens. I am 75 years old and old school. Prove that the person has committed some crime before taking their property.
Scumball heroin addict who had his late model Land Rover forfeited in this Indiana case has his grinning face plastered over the mainstream news sites like he's some kind of hero.
Pretty much sums up modern America.
Blogger Phil Schitz here said...
Next up to bat, the Speed Cameras and Red Light cameras.
2/24/2019 01:38:00 AM
How are red light cameras and red light cameras the same? Nothing is getting seized.
Are you speaking about the constitutionality of them?
Great ruling!
SCOTUS went 9-0 on this.
This was nothing more than state sponsored robbery.
The G will put you in jail if you take a $20 on a red light but will give you an award if you take $20K from a businessman.
Way overdue.
All that seized money was only used to buy new cars and tablets and other bullshit for the exempts. Working cops never got anything out of it.
I am surprised to see the comments on here that agree with this ruling. I totally disagree with this ruling. Abuses of civil forfeiture are the exception, not the norm. The few times we do actually get to put a hurting on dealers, it is done through civil forfeiture. It has been the only reason the State of Illinois still has dedicated drug units. This will seriously hamstring efforts to combat drugs. Civil forfeiture laws in Illinois give those subject to civil forfeiture ample opportunityto prove how they obtained said asset.
So.. el chapo is not paying for the wall?
Good. 100% agree.
Always hated the business portion of law enforcement.
So no more K9 sniffing out drug money? Or money that was just close to narcotics? Good.
Is it called 1505 Isn't 501 a Charity Just sayin
That's a big hit in Tom Dart's slush office / budget.
I’m surprised some sharp lawyer hasn’t figured out how to sue the rich and famous drug dealers for the harm they have caused folks.
***smaller departments that used forfeiture to fund all sorts***
This is a call for the government to fund it's departments correctly (law enforcement included) based on a real need assessment. No angle to hope that some forfeiture will make up the difference or be the needed method to get some funding in general. How did money matters even move in that direction were it not for sloppy budgets and under-funding to start with?
Cut the pork in the budget in silly areas and there is money available for meaningful projects and departments which do some actual and needed public service.
A police department should not be a default source of income for a city in it's primary role. There is a strong legal basis for the action of punitive forfeiture (yes that can give money to a city/government thereby) but that practices needs to be checked and I think this ruling makes sense.
Good !!!!!!!!
Abuse of the asset forfeiture laws by overzealous police superintendents and politicians, ya you McCarthy and Daley and Rahm, brought this about. Just like their constant bs numbers games destroyed policing.
Off topic.
I visited using my IPhone phone. The mobile version of this blog only shows one (1) post, Daley vs. Prickwinkle from several days ago.
If I turn off the mobile version, I get the whole blog, not just one post.
Build the Wall with El Chapos Money.
Over the years, I probably got the city several hundred grand in cash, cars etc. Never saw a dime ( I'm in patrol ), never a note of thank you, however, once I did stop a married bosses wife driving a "covert" car. Funny how that works
This should not come as a surprise to anyone. The tales of absolutely wild abuses have been coming for years.
the horror...taxpayer-harvesters might have to comply with due process? how will you all survive?
" If the supreme court justices only knew what heroin does to your brain chemistry, making you a human slave to the drug for the rest of your life"
True, but in this case civil forfeiture without appropriate prison time is akin to bad cop robbing a heroin dealer.
The Constitution profits Federal government seizures and excessive fines.
The local home rule here is beyond the scope of sensibility.
The excessive punitive awards (against the police) on top of City excessive pandering settlements and the excessive liberal decisions related restorative justice award programs are ok.
Used in the commission of a crime will be challenged. Liberals love manipulating the written antique laws.
21st Century restorative justice is building steam for 2020.
Keep sticking your nose in ghetto bidness and see what happens.
Yet Tort Reform is not likely.
This has been abused by many cities who use their police departments to raise cash with a dubious process of kangaroo courts run by the cities. It is about time it is stopped. It was an embarrassment to me as a police officer. The case that made it to the Supreme Court is a good example where the city took this man's car for a minor speeding ticket. It used to be about confiscating drug dealer profits but went way beyond that.
Anonymous said...
They decided to act because, as always, there's someone or some agency out there that decides to push the envelope as far as possible. Cops are cops worst enemy legally.
2/24/2019 01:42:00 AM
you are wrong on this. It is not the fault of any police officers, but as demanded by the city that hires those police officers.
Civil forfeiture turns cops into criminals hired by crooked politicians. It has nothing to do with law enforcement. No honest cop should want engage in this ugly practice.
I'm pro LE, but I draw a hard line at out-of-court theft.
It got out of hand. It became legal theft.
It is NOT the job of a PD or any LE agency to make money or turn a profit.
Long overdue. Legal theft buy the government even without a conviction.
The problem is that the feds, states and localities have seized property even when charges haven't been filed or even a glimmer of evidence exists that a crime has been committed. I have no problem with criminal forfeiture but civil requires a person to prove they haven't done something wrong and entails them to hire an attorney at a cost that is usually more than has been taken and sue the agency that seized the property. That goes against what is written in the 5th amendment to the US Constitution, "...nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.". With civil forfeiture there is no due process of law and many LEO across the country have abused their power and use these seizures as slush funds and directly benefit from what they can seize. I am as pro law enforcement as anyone but this just isn't right. This is just theft, pure and simple.
Can you still at least drive 30 to 35 mph
on Western Av. from Howard to 127th St. and
complete the drive in under 60 minutes?
A LOOONG time ago, you could...
2/24/2019 12:37:00 AM
Well, if you begin this journey at, say 1am, on a Sunday going into Monday, and, if you time out your ground speed to catch all of the lights, going as slow as you need to and not exceeding the posted speed limits by more than a tad, then, no. Not under an hour. But close.
The most useful way to attempt this challenge is to do so with a vehicle having manual transmission and non functioning brakes. This will induce the proper mental focus upon timing those lights.
Admittedly, it will not be a challenge to be engaged in for the timid.
Good luck, Jim.
If you abuse it, you lose it.
Sad anybody know where it is listed in the City all the cash that has been "FORFEITED"?
Its not in the budget?
What exactly is purchased with the funds?
Cars? who has them? are the resold and to who at what price?
I trust all the command staff to handle 100's of thousand of dollars in fund keep in mind they are all merit and they owe somebody for the spot.
Does anybody know where all the police auction money goes? lots of bikes just disappear and i can't find in on the clearpage.
Long overdue, IMO.
Thats why I never towed drivers vehicles for driving on a suspended license. Many of them didnt even know their license was suspended because they were never notified. Some of these people were walking the tightrope trying to avoid being homeless. The city and state have no business confiscating property unless its clearly obtained with illegal proceeds in the first place. Drunk drivers are the exception.
Looks like no more luxury rents for the guys and gals in OCD..
Al Chingon...
No more OT. Bullshit fuck this city
Alderperson Villegas realeased from hospital after a minor heart ailment. Wonder if he got a call from the feds about a Solis conversation !
if Charlie bowery and john d. were alive they would be pissed off
they couldn't steal any more money
Anonymous said...
It is NOT the job of a PD or any LE agency to make money or turn a profit.
2/24/2019 01:33:00 PM
Say it again please.
The thieves at city hall didn't hear you.
Shortshanks AND Rahm al-Ghoul had it in for
The Police for "not generating enough revenue."
Mixed emotions about this one. On the one hand no reason to take vehicle from a buyer, but take everything from the dealers including their lives. POS all deserve to die for what they do. The guy in Phillipines has killed over 7,000 dealers we should take lessons from him. Summary execution for all dealers at all levels, you sell dope your going to die. Guaranteed to stop the drug problem overnight.
Like a forensic accounting of what the 1505 funds were used for maybe to make a merit appointee a supervisor in ocd. These are things the FOP should be filing foia's on to insure that the funds are not funneled into the general fund and are used appropriately per the statutes the monies were seized under or does that requure too much work. The FOP has to be more proactive in the police department budget and scrutinize it appropriately including equipment and vendor spenditures.
Speaking of money, here is Paul Vallas talking about going in and getting a constitutional amendment to renegotiate pensions. Tune in around 11:45 to hear him say it, in his own words. He says nothing about funding your pension here, only using a constitutional amendment to overturn the current language that limits benefits being impaired or diminished.
https://www.youtube.com/watch?v=wNmrNaOpVzw
2/24/2019 07:23:00 AM
He mentions a constitutional amendment to have the ability to negotiate pension funding compromises and then have them stick and not have the very political supreme court over rule them time and time again.
He did not say renegotiate pensions. And, you wrote "He says nothing about funding your pension here", which is false.
Last year I received a red light ticket from a suburb. The video showed me sitting at the red light until it turned green. Called the suburb and had to be transferred to their city hall (the camera system was "administered there instead of at the PD as stated in the law). Explanation - my front wheels were two feet over the stop line. Yeah - that's legit!
Dude was a Heroin dealer, not an addict. What public school did you attend? Graduate?
Really? In the words of Spider, "Mush!!!".
-----------------------------------------------------------
True, but in this case civil forfeiture without appropriate prison time is akin to bad cop robbing a heroin dealer.
Slightly O/T
Anonymous said...
"I heard Gery Chico filmed a commercial yesterday in which he stated for the record that he wouldn't seek to reduce the pensions of Chicago Fire or Police..."
12/29/2010 11:48:00 AM
OT: What is a Street Doctor?
Totally understandable why this happened. Many officers just take assets from the bad guy because they think they can. But they do not have any evidence nor legal right to. All this does is inconvenience the bad guy and tie up the courts and attorneys with bullshit.
Anonymous Anonymous said...
.........”Civil forfeiture laws in Illinois give those subject to civil forfeiture ample opportunityto prove how they obtained said asset.”
2/24/2019 09:16:00 AM
The huge problem with this practice is right there in that statement. I shouldn’t have to prove shit. The burden is on the state, except when it comes to money. Funny how that works.
Anonymous Anonymous said...
Thats why I never towed drivers vehicles for driving on a suspended license. Many of them didnt even know their license was suspended because they were never notified. Some of these people were walking the tightrope trying to avoid being homeless. The city and state have no business confiscating property unless its clearly obtained with illegal proceeds in the first place. Drunk drivers are the exception.
2/24/2019 03:41:00 PM
Towing a car when someone hasn’t bothered getting a license or is suspended over and over again is the only punishment in cook county. As you may or may not know crimesha just about no longer prosecutes traffic arrests.
This is just human nature... If you don't set limits, people take everything they can... And confiscation has definitely been abused... Good ruling per the Constitution...
Let's face it, the "asset forfeiture" laws have been used by "law enforcement" to steal from the citizens. When police departments get to keep the money they seize, they have an INCENTIVE to seize more and more! And they do seize more and more. Not to mention they seize property and sell it before the so-called perpetrators are even found guilty--not to mention that in many (if not most) cases, the so-called perpetrators are found innocent of any crime.
Initially, the asset forfeiture laws were intended to keep drug kingpins from being able to enjoy their stolen money when they got out of prison, but it seems to be mostly applied these days against ordinary citizens who get caught with a doobie, or who might want to use the services of a prostitute. Sorry, but those forfeiture laws are BULLSHIT!
Even in the event where courts have allowed asset forfeiture laws, the money MUST NOT go back to law enforcement. It should instead be sent to various charities, and not even back into the government's "general fund" where the government could then increase the budget for the law enforcement departments that are STEALING all of this money.
Seriously.
The problem is that the feds, states and localities have seized property even when charges haven't been filed or even a glimmer of evidence exists that a crime has been committed. I have no problem with criminal forfeiture but civil requires a person to prove they haven't done something wrong and entails them to hire an attorney at a cost that is usually more than has been taken and sue the agency that seized the property. That goes against what is written in the 5th amendment to the US Constitution, "...nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.". With civil forfeiture there is no due process of law and many LEO across the country have abused their power and use these seizures as slush funds and directly benefit from what they can seize. I am as pro law enforcement as anyone but this just isn't right. This is just theft, pure and simple.
You are mostly incorrect, look up Matthew v Eldredge and Gross v. Lopez full criminal trial due process was not needed. Mostly, seizures would have to be treated... I'm not going to help you - do your own work.
Dea used to put more money in the treasury than it took out...
So I can get my Mom's car back? YAY!
Anonymous said...
Last year I received a red light ticket from a suburb. The video showed me sitting at the red light until it turned green. Called the suburb and had to be transferred to their city hall (the camera system was "administered there instead of at the PD as stated in the law). Explanation - my front wheels were two feet over the stop line. Yeah - that's legit!
2/24/2019 06:51:00 PM
~~~~~~~~~~~~~~~~~~~~~~~~~~~
Same thing happened to me. Southwest suburb.
Anonymous Anonymous said...
This has been abused by many cities who use their police departments to raise cash with a dubious process of kangaroo courts run by the cities. It is about time it is stopped. It was an embarrassment to me as a police officer. The case that made it to the Supreme Court is a good example where the city took this man's car for a minor speeding ticket. It used to be about confiscating drug dealer profits but went way beyond that.
Used properly and for the incidents it was passed for, the seizure law is good. Unfortunately people got greedy. The biggest problem and in the case cited is you can’t pay for the tow and a days storage and get the car back. You need to get the car released either by the court or the officers. All that time the storage fee is adding up to where a lot of citizens cannot afford to recover their car. I know, don’t break the law. Well sometimes people speed or run red lights or smoke a joint
good, these are terrible laws
Yeah, no!!... "Civil forfeiture laws in Illinois give those subject to civil forfeiture ample opportunity to prove how they obtained said asset."
It's your job, the law enforcement person to prove assets were ill gotten, not the other way around. Nor is abuse of the program "the exception". It is straight up theft absent charging an individual with a crime and proving the asset was fruit of ill gotten benefits. Can't do that, tough sh&t, you don't get to seize the property of and type.
I heard he forfeited bail so he can wait to be transferred to the Juvenile wing at Cook County.
So...
The next time some MORON "boss" starts their
stupid shit about "activity..."
Glad to see these particular assailed understand there are more important things than money.
If teachers pay only so much into their own pension, do these assailed care the rest comes from their neighbors and people who never knew them. Anything for that can pension.
This is big honkin deal right here. Next up.....the TOWING SCAMMERS. The feeeees associated with being towed, the demand for ONLY CASH that people sometimes have, but cant access until the next day or combination of dats....
But but but its not government?? Well it certainly IS government allowing the confiscation of cars....
But better yet...there goes the loud stereo-police confiscate your car bologna some tried on for size.
Make no mistake, this strong decision will have massive ripples through a LOT of ahem.cough cough case law. HECK, this decision might foul up the clickit or ticket money grabbing scheme called the seat belt law....that was only going to be a secondary offense,ahem,cough cough.
Oh what will those tiny corrupt FERGUSON MUNICIPALITIES do without all that umm "revenue"?
Nobody had the guts to say it out loud, so I DID. Boys and girls, this decision undermines the foul premise of the war on drugs. Now maybe we can get Policing oriented toward the REAL criminals. Robbers, rapists and murderers. Most cops ive ever met would LOVE to be let loose, empowered to drop the hammer on the real evildoers while leaving the "code offenders" called innocent milked Citizens the heck alone!
The guy in Phillipines has killed over 7,000 dealers we should take lessons from him. Summary execution for all dealers at all levels, you sell dope your going to die. Guaranteed to stop the drug problem overnight.
*******************
Jeez....you'd think the dealers would get the message after, oh I don't know...3000 were executed?
Towing a car when someone hasn’t bothered getting a license or is suspended over and over again is the only punishment in cook county. As you may or may not know crimesha just about no longer prosecutes traffic arrests.
************************
The only problem with this is that we aren't supposed to be determining punishment. That's for the courts. And if the judge doesn't want to punish him, who gives a fuck. And besides, they aren't talking about towing based on the offense. They mean that if you sieze a car because it was bought with proceeds of a crime, no matter how much the crime generated, we shouldn't be able to keep it because some bearded wonder in narcotics need a new undercover ride.That's cruel and unusual punishment which is prohibited by the constitution and/or bill of rights. And remember, if you want to play the seizure game and the case ends up in civil court and a determination is made that you took the property illegally and the case takes 3 years to adjudicate, you might be liable to make the arrestee whole. as in out of your pocket. This is a good ruling.
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