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How disappointing. This leaves individuals forced to prove that a fine was excessive after police have already seized their property.


This is largely a straightforward thing to do - and this ruling will make police departments much more hesitant to seize civil assets.


Is it straightforward to do without a lawyer, though? What if you can't afford one?


The decision from the supreme court will change when police try to attach to money, it will no longer be a straightforward matter to do so, and is much more likely to be attached to a criminal case now - which means a lawyer would be involved.


There will be some cases where that's likely to be a slam-dunk. IIRC there were some cases in the western states some years back where relatively small amounts of drugs (personal-use levels) were used as reasons for seizure of some large farms or ranches.

In at least one of those cases I think it would have to be the estate pursuing it though.




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