SmarterthanYou
rebel
https://www.forbes.com/sites/nicksi...egitimate-south-carolina-supreme-court-rules/
@dutchuncle
so the question is, if your state government ignores it's constitutional limits, approved by the state supreme court, do you abide or overthrow?
In a major blow against government accountability, the South Carolina Supreme Court last week upheld the state’s civil forfeiture laws, which let police permanently confiscate cash, cars, and even homes, without ever filing criminal charges. By overturning a lower court ruling that declared civil forfeiture unconstitutional, the decision jeopardizes property rights for thousands of people across the Palmetto State.
A sweeping investigation by the Greenville News and Anderson Independent Mail identified at least 1,510 cases—nearly 40% of all forfeiture cases in the state—where the owner was never convicted of a crime. And under state law, if an owner doesn’t formally file a claim for their seized property, law enforcement agencies win a “default judgment” and keep what was taken. In South Carolina, over 70% of forfeiture cases were won by default.
Worse, state law provides a powerfully perverse incentive to police for profit. Once a property has been forfeited, the seizing agency keeps the first $1,000 and then 75% of the remainder. Prosecutors receive 20%, while a mere 5% is sent to the general fund. Since 2009, law enforcement has generated nearly $97 million in state forfeiture revenue.
“This ruling is both shocking and extraordinarily disappointing,” said Robert Frommer, a senior attorney at the Institute for Justice, which is litigating the case. “South Carolina’s forfeiture laws violate citizens’ property and constitutional rights, yet the court ruled that it’s up to the legislature—the very entity that enacted those laws—to protect those rights.”
The case dates back to 2017, when Travis Green was arrested on multiple charges around Myrtle Beach. In addition to confiscating narcotics, the 15th Circuit Drug Enforcement Unit seized $20,771 in cash from Green’s wallet and an outdoor garage closet. Although Green pled guilty, he challenged the government’s attempt to forfeit his property.
@dutchuncle
so the question is, if your state government ignores it's constitutional limits, approved by the state supreme court, do you abide or overthrow?
In a major blow against government accountability, the South Carolina Supreme Court last week upheld the state’s civil forfeiture laws, which let police permanently confiscate cash, cars, and even homes, without ever filing criminal charges. By overturning a lower court ruling that declared civil forfeiture unconstitutional, the decision jeopardizes property rights for thousands of people across the Palmetto State.
A sweeping investigation by the Greenville News and Anderson Independent Mail identified at least 1,510 cases—nearly 40% of all forfeiture cases in the state—where the owner was never convicted of a crime. And under state law, if an owner doesn’t formally file a claim for their seized property, law enforcement agencies win a “default judgment” and keep what was taken. In South Carolina, over 70% of forfeiture cases were won by default.
Worse, state law provides a powerfully perverse incentive to police for profit. Once a property has been forfeited, the seizing agency keeps the first $1,000 and then 75% of the remainder. Prosecutors receive 20%, while a mere 5% is sent to the general fund. Since 2009, law enforcement has generated nearly $97 million in state forfeiture revenue.
“This ruling is both shocking and extraordinarily disappointing,” said Robert Frommer, a senior attorney at the Institute for Justice, which is litigating the case. “South Carolina’s forfeiture laws violate citizens’ property and constitutional rights, yet the court ruled that it’s up to the legislature—the very entity that enacted those laws—to protect those rights.”
The case dates back to 2017, when Travis Green was arrested on multiple charges around Myrtle Beach. In addition to confiscating narcotics, the 15th Circuit Drug Enforcement Unit seized $20,771 in cash from Green’s wallet and an outdoor garage closet. Although Green pled guilty, he challenged the government’s attempt to forfeit his property.
