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Private Property

Private Property

February 21, 2019 8:02 amComments are Disabled

I was thrilled to see the news that SCOTUS made a baby step towards limiting civil forfeiture, a topic I have written about in the past, in a 9-0 decision.

It’s a step forward because it holds that the states are prohibited from imposing excessive fines, which raises the bar for prosecutors of future civil forfeiture cases. Now states must be able to justify the amount of assets seized are will often be limited by their own maximum fine laws.

It’s a baby step because it doesn’t rule against the practice itself, which is still a blatant violation of the Fourth Amendment. But it does establish precedent that can hopefully be used by lower courts in the future to limit the policy, or at least provide an opportunity to present a judicable case somewhere down the line.

The right to private property is sacrosanct in a free society. Citizens cannot feel secure in their persons if they cannot feel secure in their possessions. This decision is a tentative and crucial step in reclaiming this fundamental right for the American people.

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