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  1. #11
    Master rob63's Avatar

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    Quote Originally Posted by Denny347 View Post
    If the State could prove in Civil Court that the illegal profits were used to buy IMS...yes.
    Actually, in the case being argued in the article, the car was NOT purchased with illegal profits. I think it would be a more accurate comparison to say that the state's position is that if the owner of IMS was selling drugs on IMS grounds, then the state could seize it.
    INGO - too small for a republic, too large for an insane asylum.

  2. #12
    Grandmaster Thor's Avatar

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    I don't suppose it's good for your case when the judges on the SC break out in laughter at your argument.
    Thor himself has spoken, mere mortals must make it so. - bradmedic04

  3. #13
    Sharpshooter

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    And the Supreme Court vote was unanimous.
    Who would have thought that could happen ?
    Eating beavers just to help save trees.

  4. #14
    Grandmaster Denny347's Avatar

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    Quote Originally Posted by rob63 View Post
    Actually, in the case being argued in the article, the car was NOT purchased with illegal profits. I think it would be a more accurate comparison to say that the state's position is that if the owner of IMS was selling drugs on IMS grounds, then the state could seize it.
    I don't know why they are making their case with THAT argument because it's dumb and wrong. It has always been the profits of criminal activity, what those profits purchased, or items used in commit the crimes. Been that was since the 80's.
    On the other side of fear lies freedom.

  5. #15
    Grandmaster indykid's Avatar

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    Using the idea that if you lend someone your car, and unknowing to you they use it to sell drugs, could it be confiscated by the government suckers? And if your car can be stolen from you by the state because someone else used it illegally, if someone used The Speedway as a location to sell drugs, would the state suckers then take possession of The Speedway?

  6. #16
    Grandmaster Denny347's Avatar

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    Quote Originally Posted by indykid View Post
    Using the idea that if you lend someone your car, and unknowing to you they use it to sell drugs, could it be confiscated by the government suckers? And if your car can be stolen from you by the state because someone else used it illegally, if someone used The Speedway as a location to sell drugs, would the state suckers then take possession of The Speedway?
    No, there were certain criteria that had to be met. Now, if you borrowed your friend's car and hide kilo's in it to traffic narcotics and are caught...maybe. I've never seen an officer place a forfeiture hold on a vehicle for possession of narcotics...dealing...maybe. we did have a local Lottery fraud case where the lottery winner cheated (I don't remember how but it was clearly illegal). With the $100k or so that was won, they went on a shopping spree with the illegally begotten money. Cars, Motor Homes, houses. It was ALL confiscated and forfeited. The idea being that the suspects should not be able to keep the proceeds of their illegal activity.
    On the other side of fear lies freedom.

  7. #17
    Grandmaster chipbennett's Avatar

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    Quote Originally Posted by Hop View Post
    So Indiana Solicitor General Thomas Fisher is appointed. There's no way to bounce this ass out of office unless we bounce the Governor? If he's put there by the Governor then maybe the Governor needs to get an earful.
    The ***hat Solicitor General Thomas Fisher was appointed in 2005, by then-governor Mitch Daniels.

    But I agree that we should give Holcomb an earful, since I assume the ***hat serves at his pleasure.

    EDIT: Apparently, "***hat" doesn't get filtered. So, I self-filtered.

  8. #18
    Marksman

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    The states better tread lightly on this as the SCOTUS has already indicated they have no love for civil forfeiture...

  9. #19
    Grandmaster IndyDave1776's Avatar

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    Quote Originally Posted by Hop View Post
    So Indiana Solicitor General Thomas Fisher is appointed. There's no way to bounce this ass out of office unless we bounce the Governor? If he's put there by the Governor then maybe the Governor needs to get an earful.
    I would say that the governor needs his worthless ass kicked to the curb.
    Government and pedophiles both practice buggering those powerless to defend themselves.

  10. #20
    Grandmaster IndyDave1776's Avatar

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    Quote Originally Posted by Denny347 View Post
    No, there were certain criteria that had to be met. Now, if you borrowed your friend's car and hide kilo's in it to traffic narcotics and are caught...maybe. I've never seen an officer place a forfeiture hold on a vehicle for possession of narcotics...dealing...maybe. we did have a local Lottery fraud case where the lottery winner cheated (I don't remember how but it was clearly illegal). With the $100k or so that was won, they went on a shopping spree with the illegally begotten money. Cars, Motor Homes, houses. It was ALL confiscated and forfeited. The idea being that the suspects should not be able to keep the proceeds of their illegal activity.
    I recall the original argument for asset forfeiture being the supposed problems caused by drug kingpins having so much money they could run most any jurisdiction actually enforcing the laws broke in court before getting to trial and conviction. This was also the argument behing setting the bar so low on proof that for all practical purposes there is no bar. Of course we were assured that this would only be used in extreme cases on top tier drug dealers with incomes exceeding INGO's combined income by an order of magnitude--not too different from the **** we were fed about a SWAT team being needed by every department with enough ogficers to assemble one.

    As for the lottery fraudster, as I recall he knew someone on the inside who told him where the roll went with a high-dollar scratch off winner, so he went to the little burg where this relatively big winner went and bought tickets till he got to the winner.
    Government and pedophiles both practice buggering those powerless to defend themselves.

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