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.
On Christmas Eve 1968 three Americans became the first humans to visit another world. What they did to celebrate was unexpected and profound, and will be remembered throughout all human history. Genesis: the Story of Apollo 8, Robert Zimmerman's classic history of humanity's first journey to another world, tells that story, and it is now available as both an ebook and an audiobook, both with a foreword by Valerie Anders and a new introduction by Robert Zimmerman.
The print edition can be purchased at Amazon. from any other book seller, or direct from my ebook publisher, ebookit.
The ebook is available everywhere for $5.99 (before discount) at amazon, or direct from my ebook publisher, ebookit. If you buy it from ebookit you don't support the big tech companies and the author gets a bigger cut much sooner.
The audiobook is also available at all these vendors, and is also free with a 30-day trial membership to Audible.
"Not simply about one mission, [Genesis] is also the history of America's quest for the moon... Zimmerman has done a masterful job of tying disparate events together into a solid account of one of America's greatest human triumphs."--San Antonio Express-News
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.
On Christmas Eve 1968 three Americans became the first humans to visit another world. What they did to celebrate was unexpected and profound, and will be remembered throughout all human history. Genesis: the Story of Apollo 8, Robert Zimmerman's classic history of humanity's first journey to another world, tells that story, and it is now available as both an ebook and an audiobook, both with a foreword by Valerie Anders and a new introduction by Robert Zimmerman.
The print edition can be purchased at Amazon. from any other book seller, or direct from my ebook publisher, ebookit. The ebook is available everywhere for $5.99 (before discount) at amazon, or direct from my ebook publisher, ebookit. If you buy it from ebookit you don't support the big tech companies and the author gets a bigger cut much sooner.
The audiobook is also available at all these vendors, and is also free with a 30-day trial membership to Audible.
"Not simply about one mission, [Genesis] is also the history of America's quest for the moon... Zimmerman has done a masterful job of tying disparate events together into a solid account of one of America's greatest human triumphs."--San Antonio Express-News
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