FlyerTalk Forums - View Single Post - Man detained by TSA for carrying cash

Jun 17, 2009 | 6:34 pm

#234

DevilDog438

Join Date: Mar 2007

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Quote:

Originally Posted by Deeg

That is a great, concise summary of our disagreement. Rather than make everyone else have to endure our back-and-forth, I would really like to hear what other FT'ers think about the issue. Given that this is generally a rather...umm...libertarian-leaning forum, I expect that many would agree with Phil. But I am genuinely curious.

Here are my thoughts:

Asset forfeiture is frequently and easily abused
Asset forfeiture is biased in the favor of the government, regardless of the level of government using the "power" (since the owner is presumed guilty and must prove themselves the legal and proper owner in an already biased court, in a typically untimely manner)
Asset forfeiture is in direct violation of the 5th Amendment (since seized assets are commonly used by the governments as an additional source of funding, the taking, without "due process of law," becomes a "public use," for which no compensation is provided to the original property owner)

Quote:

Originally Posted by The Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

(emphasis mine)

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