South Carolina Judge Declares Civil Forfeiture Unconstitutional

jacobfitcher

Former Staff
Nov 2014
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Canada
Letting South Carolina police and prosecutors seize and keep cash, cars, and other valuables and use the proceeds to pad their budgets violates the Fifth, Eighth, and Fourteenth Amendments, a circuit court judge in Horry County, South Carolina ruled. In a 15-page decision, 15th Judicial Circuit Judge Steven H. John declared that South Carolina’s civil forfeiture laws, which let the government “seize unlimited amounts of cash and other property when no crime has been committed,” run afoul of the U.S. and South Carolina Constitutions’ guarantees of due process and bans on excessive fines.


An excellent ruling. Too many innocent people "convicted" without due process.
 
Jun 2014
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39,679
Cleveland, Ohio
Letting South Carolina police and prosecutors seize and keep cash, cars, and other valuables and use the proceeds to pad their budgets violates the Fifth, Eighth, and Fourteenth Amendments, a circuit court judge in Horry County, South Carolina ruled. In a 15-page decision, 15th Judicial Circuit Judge Steven H. John declared that South Carolina’s civil forfeiture laws, which let the government “seize unlimited amounts of cash and other property when no crime has been committed,” run afoul of the U.S. and South Carolina Constitutions’ guarantees of due process and bans on excessive fines.


An excellent ruling. Too many innocent people "convicted" without due process.
It's the correct result.

 
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May 2019
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midwest
It is an excellent ruling but it is not statewide as of yet. From the OP link further down in the article.
:cool:


The Horry County Solicitor’s Office has filed a motion urging Judge John to reconsider his ruling, claiming it “inaccurately described” state law; a hearing is currently slated for early December. Though the decision currently doesn’t extend statewide, if it’s appealed and upheld, or if lawmakers abolish the practice, South Carolina would become the fourth state to end civil forfeiture, joining North Carolina, Nebraska, and New Mexico.
 
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