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Go 5 miles over in Indiana and foreit your vehicle

down_home
Explorer II
Explorer II
https://thepatriotchronicles.com/news-for-you/indiana-appears-to-be-the-harshest-when-it-comes-to-traffic-violations/

....But according to Indiana Police, just five miles over the speed limit could result in something much more serious than a fine, hey are talking about asset forfeiture.
Last trip north we went I75 through Ohio, and only one bad spot, miles of road work around Cincinnati. On way back, needed find a campground for the night, found one that ended up halfway between I75 and I69.
Only one with any spaces.
Stupid GPS, the whole trip kept trying to redirect us ti I69. When we left we went I69, and rough roads and the whole common experience of Indy and that Interstate.
Won't be doing it again, until Indiana declares this idea dead.
Five mile over? Everyone was running 10-20 mph over and more.
If they do this then they would have to have pretty large sales lot for out of state cars and RVs. They wouldn't be stupid enough would they, to do it to Indiana Citizens. The firestorm would decimate the capitol. Out of state Drivers would too I imagine once it got beyond a hand full of Drivers.
62 REPLIES 62

dodge_guy
Explorer II
Explorer II
p220sigman wrote:
I'll start to be concerned about it when I hear of someone getting stopped for 5.1 MPH over the limit and getting their vehicle seized with no criminal action/allegation involved.


May want to be concerned! In Ohio 2 guys got pulled over because they didn't signal a lane change. They were going to buy a car or something and the cops searched and took their money! Look it up on You Tube. It is a story from TV station doing a story on those kind of thefts!
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fj12ryder
Explorer III
Explorer III
That's exactly the right word: travesty.
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"Don't Panic"

drsteve
Explorer
Explorer
The theory behind this travesty is that the legal action is taken against the property, not the owner/possessor of the property. Therefore, the owner's rights do not come into play. And since bank notes and cars have no legal rights...
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bigred1cav
Explorer
Explorer
Policing for profit

The technique attracts the ire of activists on the left and right, and occasionally it bursts into public view after especially egregious seizures.

Supreme Court Limits Civil Asset Forfeiture, Rules Excessive Fines Apply To States
LAW
Supreme Court Limits Civil Asset Forfeiture, Rules Excessive Fines Apply To States
D.C.'s Aggressive Confiscation Of Illegal Guns Leaves Residents Feeling Targeted
NATIONAL
D.C.'s Aggressive Confiscation Of Illegal Guns Leaves Residents Feeling Targeted
One of the most visible opponents of civil asset forfeiture is a libertarian-leaning nonprofit called the Institute for Justice. It has argued for years that the billions of dollars in forfeited property amounts to a system of "Policing for Profit." They took on Timbs' case, arguing that the seizure of the truck constituted an "excessive fine," in violation of the Eighth Amendment of the U.S. Constitution.
https://www.npr.org/2019/04/09/710456736/defining-whats-excessive-in-police-property-seizures-remains-tricky




A simple traffic ticket is not a criminal citation. Minor traffic offenses are civil citations, which means they are not considered misdemeanors (or felonies) and are not a part of your criminal record. As a result, a speeding ticket will not show up on a background check if the check focuses on criminal history.


At U.S. Supreme Court Argument, Indiana Claims It Can Forfeit Cars ...
https://www.forbes.com/.../at-u-s-supreme-court-argument-indiana-claims-it-can-forfe...
Nov 29, 2018 - Indiana's solicitor general argued that civil forfeiture was completely unprotected ... Indiana Claims It Can Forfeit Cars For Speeding, Minor Drug Crimes ... that โ€œthere is no excessive fines issueโ€ for in rem civil forfeitures, and

Thom02099
Explorer II
Explorer II
JRscooby wrote:
apr67 wrote:
I hope that soon civil asset forfeiture will join communism on the dung heap of history. Its not constitutional in the slightest.


Will not happen as long as it is only applied to people that are powerless. If we would use it for trickle down law enforcement I think it could be quite effective. For example, you want to stop illegal immigration? On Wed. go thru a plant, hotel, construction site, and check everybody's papers. Spend Thursday and Friday learning who owns the business, and what else they own. Friday night, a SWAT team comes in the house setting off flash bangs, and waving automatic weapons around the family. Wife and kids, dressed in cheap jumpsuits, out on the street, owner dressed in chains, go to cage. All accounts and other assets now belong to state, unless you can prove that no part of them was paid for by the profits of illegal workers.
This happen once, and reported in WSJ, where other business owners can read, by the next Wednesday no undocumented would be working anywhere in the country.


Your Papers, Bitte Sehr...
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p220sigman
Explorer
Explorer
I'll start to be concerned about it when I hear of someone getting stopped for 5.1 MPH over the limit and getting their vehicle seized with no criminal action/allegation involved.

spoon059
Explorer II
Explorer II
Grit dog wrote:
spoon059 wrote:
Grit dog wrote:
Donโ€™t be so gullible

Did you know that the word gullible isn't even in the dictionary...?


Sht! I fell for it!!

:B
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Grit_dog
Navigator
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Omfg. Some of yโ€™all need more/better hobbies!
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JRscooby
Explorer II
Explorer II
apr67 wrote:
I hope that soon civil asset forfeiture will join communism on the dung heap of history. Its not constitutional in the slightest.


Will not happen as long as it is only applied to people that are powerless. If we would use it for trickle down law enforcement I think it could be quite effective. For example, you want to stop illegal immigration? On Wed. go thru a plant, hotel, construction site, and check everybody's papers. Spend Thursday and Friday learning who owns the business, and what else they own. Friday night, a SWAT team comes in the house setting off flash bangs, and waving automatic weapons around the family. Wife and kids, dressed in cheap jumpsuits, out on the street, owner dressed in chains, go to cage. All accounts and other assets now belong to state, unless you can prove that no part of them was paid for by the profits of illegal workers.
This happen once, and reported in WSJ, where other business owners can read, by the next Wednesday no undocumented would be working anywhere in the country.

myredracer
Explorer II
Explorer II

mich800
Explorer
Explorer
apr67 wrote:
I hope that soon civil asset forfeiture will join communism on the dung heap of history. Its not constitutional in the slightest.


I agree. I still do not know how this practice has not been shot down simply from the lack of due process aspect. Then the whole, is the value of the forfeiture appropriate for the crime. But that is full circle as was there even a crime?

pianotuna
Nomad III
Nomad III
https://reason.com/2019/07/03/indiana-is-still-arguing-that-its-constitutional-to-seize-your-car-for...
Regards, Don
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apr67
Explorer
Explorer
I hope that soon civil asset forfeiture will join communism on the dung heap of history. Its not constitutional in the slightest.
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drsteve
Explorer
Explorer
Tvov wrote:
This case has been going on for awhile.

It isn't "clickbait", it is real. But... they are arguing a technicality of law. As someone posted earlier, everyone basically breaks some law everyday, we have so many now.

Honestly, the biggest issue I have with this case is that... it is about a DRUG DEALER.

Yes, we have to be careful about losing our rights... as long as we aren't dealing drugs!


You know that 80% of US bills have detectable cocaine residue, right? So if the cops want your money, there's a 4 out of 5 chance they have a reason to take it.
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Deb_and_Ed_M
Explorer II
Explorer II
You're all just adding to my concern that our converted cargo van, when leaving a state (Michigan) where recreational marijuana is legal, is going to get the giant stink-eye in adjoining states. Maybe I need to correct my leadfootedness (Hey, the Transit's Ecoboost motor is FUN) lest I trigger an exhaustive search....
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