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Unconstitutional!

Seizures without without trials are clear violations of the U.S. Constitution.

Whether it's a drug bust or a motorcyle traffic violation, a person has the right to due process of law (Amendment XIV). Until proved guilty beyond a reasonable doubt, it's an "alleged crime," not a crime. Unreasonable seizures (Amendment IV) must certainly include taking someone's property just because a police officer makes an accusation.

This is precisely the kind of abuse that caused the Founding Fathers to rebel against King George.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

Amendment XIV

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

>>>>>

I've got to go before I get all lathered up over this. It really pisses me.
 

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Snuggles
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Re: Florida: Police Hope to Seize Motorcycles Without Trial

Just wait until the 2008 abortion. When both parties are suckin' satan's c*ck to get a chance at pushing their agenda.

I'll just mark this down as Presidential Election IV that I vote third party with the other two dozen people...
 

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Re: Florida: Police Hope to Seize Motorcycles Without Trial

The US Constitution is pretty much ignored by those in power. It is not taught in the school system. Could it be they want to keep the masses ignorant of thier fundamental rights? Me thinks so.

The 10 planks of the communist manifesto comes to mind, government control of the public school system, abolishment of private property.
 

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Aging Cafe` Racer
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Re: Florida: Police Hope to Seize Motorcycles Without Trial

Yeah, sorry about that........guess I'll pick up the next couple of rounds huh?

what are you guys drinkin' ?
 

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Re: Florida: Police Hope to Seize Motorcycles Without Trial

Most of the responses I have read so far are obviously from brain dead fart heads. Cops aren't bad guys; little children in men's bodies riding as if they are immortal are. Perhaps removing the source of their childishness (the bike) is one way to keep them off the streets so the rest of the responsible riders can enjoy their bikes without being classified in with the fart heads. Come on, grow up.
 

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Re: Florida: Police Hope to Seize Motorcycles Without Trial

Brother! Welcome!
 

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Re: Unconstitutional!

The man who would be his own Lawyer has a Fool for a Client. No matter his Intelligence or Aptitude for the Law.

The Court System: Proof Perpetual Motion can indeed be harnessed.

Pay UP, Sucka!
 

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Re: Florida: Police Hope to Seize Motorcycles Without Trial

No longer taught?

I spent an entire Semester in Jr. High on the U.S. and MO-State Constitution. It was REQUIRED to take it, like it or lump it - nobody escaped.

Now you tell me they no-longer teach the Law of The Land?
 

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Re: Florida: Police Hope to Seize Motorcycles Without Trial

They were siezing houses & stuff up in Oregon for awhile if the crime involved drugs. They had all kinds of new cop gear and were having a great time, until the courts decreed that revenues had to go to the general fund, rather than drug enforcement. Siezures, according to my source, dropped almost to zero. I think that indicates that the cops had WAY too much discretion in siezing property, and weren't interested in maybe pushing the envelope if they saw no immediate gain. The constitution doesn't care if you were bad or not, YOU CANNOT BE DEPRIVED OF LIFE, LIBERTY OR PROPERTY WITHOUT DUE PROCESS OF LAW. What part of that do you not understand?
 

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Re: Florida: Police Hope to Seize Motorcycles Without Trial

Say you're exceeding the speed-limit in morning rushhour traffic. Better yet; let's say you're lane-splitting, because you're running a bit late for work. You don't notice Sgt. Friendly of the FLHP is "shadowing" you - because lane-splitting isn't legal - but he's 10 or 15 cars back and can't get on your tail to perform a traffic-stop.

You get to an "open" area, past that "damn gridlock", and accelerate to 68 in a 55mph zone, then taper-off to 62mph. 2 miles later, you signal and get off at your exit. Most of the traffic is turning left at the bottom of the ramp, but the right lane is clear - just where you want to go. A quick right, some judicious accelerating and braking - you're at the Office; Safe and Sound, none the wiser.

But Sgt. Friendly WAS going to stop you - he just couldn't get close enough. Once HE gets through the traffic-jam, he buries the pedal to catch up with you, only he didn't see that you had taken the next exit until he catches a glimpes of YOUR Moto, speeding into the distance on the cross street JUST as he's crossing the Overpass. But, he DID take down your tag number.

Later that night, right in the middle of Dinner, you receive a knock at your door. It's Sgt. Friendly, with a huge grin on his face, standing on your front step. In the street behind him, there's a "Rollback" flatbed wrecker.

HE: "Mr. mii54ws, do you own a Suzuki GSXR1000, Florida tag number 123-ABC, VIN JS123456789?"

YOU: "Why, YES, Yes I DO! Is there a problem Officer?"

HE: "May I see Motorcycle, Sir?"

YOU: "Sure, it's in the Garage................?"

You show the nice Sgt. the bike, he looks it over then says "Mr. mii54ws, You are Under Arrest for Felony Evasion, Reckless Endangerment, Exhibition of Speed, and anything else I can think of on the way down to Booking. Place your hands against the wall, and spread your legs, shoulder-length apart. You have the Right to Remain Silent.........."

YOU: "HUH? What? I never!! WHAT?!?!?!?!?!?!?!?!?!?!?!?!?!!!!!!!!!"

HE: "Mr. mii54ws, Are you Resisting Arrest?"

Come on now, mii54ws. Grow Up. It'll NEVER happen to You.
 

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Re: Florida: Police Hope to Seize Motorcycles Without Trial

Sometimes. Sometimes I'm a Librarian.
 

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Re: Florida: Police Hope to Seize Motorcycles Without Trial

Oh yeah - I don't suppose I need to tell you what the Rollback is for, eh?
 

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Re: Florida: Police Hope to Seize Motorcycles Without Trial

Fart You, you Fartin' Farter! You can Fartin' kiss my Keister, I don't Fartin' give a Fart............
 

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Re: Florida: Police Hope to Seize Motorcycles Without Trial

I believe this comes under civil forfeiture. Under this law, the state needs not prove you violated a law, rather the item itself is "guilty." This was first used in the Revolution or civil war, I can’t recall which to confiscate English shipping and most anything else the government wanted. It is heavily used in the so-called "war on (some) drugs." fear.org is a good resource to find out about the terrible injustice of civil forfeiture. The cool part, for the government is, they have to prove nothing, the forfeiture-ee has to prove his property innocent of being involved in something criminal like it bought with criminal proceeds, was used to engage in a criminal activity etc. 70+% of people who have property seized are never charged with a crime.
 

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Re: Florida: Police Hope to Seize Motorcycles Without Trial

Hey Man,

I'm from Florida. I'm glad to hear that it is taught in other states. It should be a required course in all states.
 

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Re: Florida: Police Hope to Seize Motorcycles Without Trial

I love this quote:

"Although police claim the confiscation policy is done to save the lives of innocent motorists, no automobile driver has been killed by a motorcyclist on the run."

It goes well with the recent LA Times article claiming (on the basis of one freak accident) that motorcyclists were killing increasing number of car drivers and passengers....

I hope someone challenges this law all the way to the Supreme Court, but I fear that the current climate is to surrender all of our civil liberties and constitutional rights on the basis of what a government tells you is the "common good" (not necessarily THE common good)
 
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