Michigan court rules against civil forfeiture
A quick holiday fund-raising campaign for Behind the Black!
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In past years I have managed to avoid asking for donations for Behind the Black during the holiday season. My finances however now compel me to do a short one-week fund-raiser, from November 11 to November 17.
I do not use Twitter for ethical reasons, which I have been told cuts down on traffic to the website. So be it. Furthermore, Facebook has clearly acted in the past two years to limit traffic to Behind the Black, almost certainly for political reasons. So be this as well. Finally, I do not post outside ads, as I have found them annoying to my readers and not that profitable to me.
Therefore, I need to ask for the direct support from my readers. If you like what I do here, please consider contributing, either by making a one-time donation or a monthly subscription, as indicated in the tip jar below.
Regular readers can support Behind The Black with a contribution via paypal:
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P.O.Box 1262
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Or you could consider purchasing one of my books, as indicated in the boxes scattered throughout the website. My histories of space exploration are award-winning and are aimed for the general public. All are page-turners, and all not only tell the story of the beginning of the human exploration of space, they also help explain why we are where we are today. And I also have a science fiction book available, Pioneer, which tells its own exciting story while trying to predict what life in space will be like two hundred years in the future.
Note that for this week only I am also having a sale on the purchase of the last 20 hardbacks of Leaving Earth. (Click on the link for more information about the book, which was endorsed by Arthur C. Clarke himself!) This award-winning out-of-print book is now only available as an ebook, but I still have a handful of hardbacks available, normally for sale for $70 plus $5 shipping. For this week only you can buy them, personally autographed by me, for $50 plus $5 shipping! Just send me a check, payable to Robert Zimmerman, to the address above, with a note saying that the money is for the Leaving Earth hardback.
Please consider donating. Your help will make it possible for me to continue to be an independent reporter in the field of space, science, technology, and culture.
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.
Scroll down to read this post.
In past years I have managed to avoid asking for donations for Behind the Black during the holiday season. My finances however now compel me to do a short one-week fund-raiser, from November 11 to November 17.
I do not use Twitter for ethical reasons, which I have been told cuts down on traffic to the website. So be it. Furthermore, Facebook has clearly acted in the past two years to limit traffic to Behind the Black, almost certainly for political reasons. So be this as well. Finally, I do not post outside ads, as I have found them annoying to my readers and not that profitable to me.
Therefore, I need to ask for the direct support from my readers. If you like what I do here, please consider contributing, either by making a one-time donation or a monthly subscription, as indicated in the tip jar below.
Regular readers can support Behind The Black with a contribution via paypal:
If Paypal doesn'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 could consider purchasing one of my books, as indicated in the boxes scattered throughout the website. My histories of space exploration are award-winning and are aimed for the general public. All are page-turners, and all not only tell the story of the beginning of the human exploration of space, they also help explain why we are where we are today. And I also have a science fiction book available, Pioneer, which tells its own exciting story while trying to predict what life in space will be like two hundred years in the future.
Note that for this week only I am also having a sale on the purchase of the last 20 hardbacks of Leaving Earth. (Click on the link for more information about the book, which was endorsed by Arthur C. Clarke himself!) This award-winning out-of-print book is now only available as an ebook, but I still have a handful of hardbacks available, normally for sale for $70 plus $5 shipping. For this week only you can buy them, personally autographed by me, for $50 plus $5 shipping! Just send me a check, payable to Robert Zimmerman, to the address above, with a note saying that the money is for the Leaving Earth hardback.
Please consider donating. Your help will make it possible for me to continue to be an independent reporter in the field of space, science, technology, and culture.
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.
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