Niether a disgrace nor unconstitutional
"Wayne County, Michigan, appears to have a serious vehicle theft problem. Except in this case, the culprits are local law enforcement agencies, not civilians."
Wayne MI
Townhall article. Policing for Profit- that's a disgrace.
Interesting the DOJ took down several IG reports on asset forfeiture-----hmmmm. Inquiring minds want to know what they've hidden from the citizenry.
A recent(5/2024) US Supreme Court decision in a case that related to the hearings wrt to asset forfeiture prompted Neil Gorsuch to ramble on for pages about the questionable tactics, motivation and basis in law for AF in his concurring opinion and was joined by Clarence Thomas voicing those many concerns.
These are just 2 paragraphs from Gorsuch and Thomas' concurring opinion.
"Not only do law enforcement agencies have strong financial incentives to pursue forfeitures, those incentives also appear to influence how they conduct them. Some agencies, for example, reportedly place special emphasis on seizing low-value items and relatively small amounts of cash, hopeful their actions won’t be contested because the cost of litigating to retrieve the property may cost more than the value of the property itself. See Knepper 9.
Other agencies seem to prioritize seizures they can monetize rather than those they cannot, posing for example as drug dealers rather than buyers so they can seize the buyer’s cash rather than illicit drugs that hold no value for law enforcement.See Buckeye Brief 7–8.
Delay can work to these agencies’ advantage as well. SeeBrief for Institute for Justice et al. as Amici Curiae 16.Faced with the prospect of waiting months or years to secure the return of a car or some other valuable piece of property they need to work and live, even innocent owners sometimes “settle” by “paying a fee to get it back.” Knepper 36. "
It seems like the 2 justices in this concurring opinion are tossing out the welcome sign for cases related directly to the heart of AF, in an effort to modify or eliminate AF. They basically made a road map for any lawyer w a relevant case showing the constitutional weakness of AF - essentially trolling for a case.
If these 2 titans are looking to take on AF and get on the record w a decision as to it's constitutionality - imo it's likely unconstitutional in part or in total.
USSC decision