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North Carolina doesn't have civil asset forfeiture laws. They have criminal forfeiture. A prosecutor could pursue civil forfeiture in racketeering cases. But the bar is set high. I will say this most gun control laws are unconstitutional yet in some states they remainExplain how Civil Asset Forfeiture laws are constitutional but Red Flag Laws are not please.
Civil Asset forfeiture should only happen AFTER a criminal conviction.
When a hearing can take placed without notifying the accused and there is no opportunity for the defendant to acquire counsel and face his accusers in court and his rights can be suspended despite not being convicted of a crime or deemed by a mental health professional to be a danger to himself or others then he has been denied due processThey disregard jury result due process, not the use of the judicial system itself, which is a form of due process.
North Carolina doesn't have civil asset forfeiture laws. They have criminal forfeiture. A prosecutor could pursue civil forfeiture in racketeering cases. But the bar is set high. I will say this most gun control laws are unconstitutional yet in some states they remain
www.knoxlawcenter.com
www.johnlocke.org
Not true. You don't get representation
When a hearing can take placed without notifying the accused and there is no opportunity for the defendant to acquire counsel and face his accusers in court and his rights can be suspended despite not being convicted of a crime or deemed by a mental health professional to be a danger to himself or others then he has been denied due process
Under Civil Asset Forfeiture the Supreme Court has upheld this process. They claim it is not an excessive fine since the owners can sue to get their property back. And it is not a violation of sue process since the owners can sue to get their property returned.
So how is that constitutional but red flag laws are not?
No North Carolina doesn'tThey still happen in North Carolina.
What Legal Situations Can Lead to Seizure of Your Property in North Carolina? » Top Rated Criminal Defense Attorney Charlotte
What Legal Situations Can Lead to Seizure of Your Property in North Carolina? Property Seizure Attorney Charlotte » Knox Law Center Charlotte Best Attorneys
The state seems to be seizing a lot of property when it is illegal under state laws.
Preventing Asset Forfeiture Abuse In North Carolina: Part 2
This is the second part of a three-part analysis of the federal government’s “equitable sharing” program and its impact in North Carolina. Part One explained how equitable sharing makes it possible for North Carolina law enforcement agencies to circumvent the due process and property rights...
And constitutional. So let’s try to be honest this time.
www.masonmasonlaw.com
No North Carolina doesn't
CIVIL FORFEITURE IS NOT PERMITTED IN NORTH CAROLINA
Understanding asset forfeiture laws in North Carolina | Mason, Mason, and Smith Attorneys at Law
Asset forfeiture is when law enforcement takes property from someone as part of an investigation, typically because property is implicated as part of a crime or suspected crime. In some states, there are few limitations to asset forfeiture. However, North Carolina is one of several states that...
www.johnlocke.org
From my link I placed in boldFrom your link. Your link.
While North Carolina laws are much stricter than those in other states, there is a way that law enforcement can seize property under the law. Local law enforcement and federal agencies are permitted to form a partnership, which allows them to take advantage of looser federal restrictions. The proceeds from their seizures are split between the federal agency and local agency. North Carolina requires these proceeds to go to education, so that police services do not directly benefit from the asset forfeiture.
So how often do they happen in North Carolina where they are illegal?
From my link.
More than 100 North Carolina agencies, including the North Carolina State Bureau of Investigation and the Highway Patrol, regularly process seized assets through the equitable sharing program.6Between 2007 and 2017, those agencies collected more than $187 million in proceeds.7
Were all of those seized assets taken from genuine criminals? We will never know. Because the assets were processed under federal rather than state law, there was no need to prosecute the owners and prove their guilt. Were the assets really used for or acquired through criminal activity? We will never know about that either, and for the same reason. Were all of the proceeds put to good use? Again, we will never know. Because the assets were processed under federal law, there was no need to use the proceeds for public education; instead, the agencies kept the proceeds and used them as they saw fit.
Preventing Asset Forfeiture Abuse In North Carolina: Part 2
This is the second part of a three-part analysis of the federal government’s “equitable sharing” program and its impact in North Carolina. Part One explained how equitable sharing makes it possible for North Carolina law enforcement agencies to circumvent the due process and property rights...
So why are you crowing about the cops in North Carolina being rewarded for breaking state law to the tune of about $200 million since it was made illegal?
Since they share it with the Feds now, that means the cops in NC have seized more than $400 million.
From my link I placed in bold
Civil forfeitures are not permitted in North Carolina. The only way property can be ceased is if the property was part of the crime.
I don't have to read it civil forfeiture is not permitted in my state.Read the rest of the page Scooter and see what else is said. They do it but under Federal Law. The State and Local cops are still doing it.
I don't have to read it civil forfeiture is not permitted in my state.
It's not permitted only criminal forfeiture is allowedYou won’t read the links you post that prove you are wrong.
You are an absolute idiot.
View attachment 732551
It's not permitted only criminal forfeiture is allowed
You need to read and comprehend what you read from my link.Read your own link. It describes how they are still doing Civil Asset Forfeiture. The link I provided showed 100 different departments are still doing it.
But obstinately you determined you are right even when your link says you are wrong.
I suppose we should be impressed you are able to navigate the internet with such a low IQ.
Explain how Civil Asset Forfeiture laws are constitutional but Red Flag Laws are not please.
You need to read and comprehend what you read from my link.
What does this say?
CIVIL FORFEITURE IS NOT PERMITTED IN NORTH CAROLINA
View attachment 732588
Both are blatantly unconstitutional.
