Michigan court rules against civil forfeiture
Good news: The Michigan Court of Appeals has ruled that civil forfeiture denies citizens their due process rights under the Constitution. As the court wrote:
“Because of her indigency and inability to pay the required bond, [Kinnon] was excluded ‘from the only forum effectively empowered to settle [her] dispute.’ … Ultimately, Michigan’s civil asset forfeiture scheme operated to deprive [Kinnon] of a significant property interest without according her the opportunity for a hearing, contrary to the requirements of the Due Process Clause.”
This shouldn’t be rocket science, as the language and intent of the Fifth Amendment to the Constitution is quite plain.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, 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.
The problem today is that this has become rocket science. Too many people either don’t know this plain language, or work dishonestly to distort it to empower government to oppress us.
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Good news: The Michigan Court of Appeals has ruled that civil forfeiture denies citizens their due process rights under the Constitution. As the court wrote:
“Because of her indigency and inability to pay the required bond, [Kinnon] was excluded ‘from the only forum effectively empowered to settle [her] dispute.’ … Ultimately, Michigan’s civil asset forfeiture scheme operated to deprive [Kinnon] of a significant property interest without according her the opportunity for a hearing, contrary to the requirements of the Due Process Clause.”
This shouldn’t be rocket science, as the language and intent of the Fifth Amendment to the Constitution is quite plain.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, 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.
The problem today is that this has become rocket science. Too many people either don’t know this plain language, or work dishonestly to distort it to empower government to oppress us.
I must unfortunately ask you for your financial support because I do not depend on ads and rely entirely on the generosity of readers to keep Behind the Black running. You can either make a one time donation for whatever amount you wish, or you sign up for a monthly subscription ranging from $2 to $15 through Paypal or $3 to $50 through Patreon.
Your support will allow me to continue covering science and culture as I have for the past twenty years, independent and free from any outside influence.
Your support is even more essential to me because I not only keep this site free from advertisements, I do not use the corrupt social media companies like Google, Twitter, and Facebook to promote my work. I depend wholly on the direct support of my readers.
You can provide that support to Behind The Black with a contribution via Patreon or PayPal. To use Patreon, go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation. For PayPal click one of the following buttons:
If Patreon or Paypal don't work for you, you can support Behind The Black directly by sending your donation by check, payable to Robert Zimmerman, to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
Or you can donate by using Zelle through your bank. You will need to give my name and email address (found at the bottom of the "About" page). The best part of this electronic option is that no fees will be deducted! What you donate will be what I receive.
Or they have been trained to nod their heads like a bobble-head doll when someone disseminates about what the meaning of “is” is.
(As I write this ,ABC’s “Good Morning America” claims to KNOW what you want to know)
Unfortunately, seizing the money & assets of people involved in “drug crimes” is very popular in Michigan (and the rest of the Country.)
Hopefully this will put a kink in the authorities.
The Opinion is here–
http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20160802_C328547_38_328547.OPN.PDF
Related:
I really like where this is going, both in timing and in potential outcome.
http://www.washingtonexaminer.com/homeland-eyes-special-declaration-to-take-charge-of-elections/article/2600592