Indiana govt pushes for civil forfeiture in court

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  • Mikey1911

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    Would the State of Indiana then make the claim that they could seize the Indianapolis Motor Speedway if one employee of the IMS Corporation was found to be using illegal drugs? Where does this end?
     

    Hop

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    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.
     

    Denny347

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    Would the State of Indiana then make the claim that they could seize the Indianapolis Motor Speedway if one employee of the IMS Corporation was found to be using illegal drugs? Where does this end?

    If the State could prove in Civil Court that the illegal profits were used to buy IMS...yes.
     

    Twangbanger

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    Indiana is the "San Francisco of the East." Let it begin here. It's going to be fun watching this twerp get his pee-pee smacked.
     

    rob63

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    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.
     

    Denny347

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    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.
     

    indykid

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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?
     

    Denny347

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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?
    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.
     

    chipbennett

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    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.
     

    IndyDave1776

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    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.
     

    IndyDave1776

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    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.
     
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