Interesting Supreme Court Case......

[Jackie S]

https://www.msn.com/en-us/news/us/he...Fj6?li=BBnb7Kz

This case could have repricussions that reverberate throughout law inforcement communities.

I like how President Trump's most recent appointments told the state attorney that he was, to paraphrase, full of shit if he did not think that the protection afforded to citizens under the Bill of Rights did not pertain to the states.

[Ex-CEO]

This sort of outrageous bullshit has occurred too many times in too many places, including several instances in Texas.


I wholeheartedly agree with Justices Gorsuch and Kavanaugh.

[Tiny]

Why should the feds apply the Bill of Rights to the states? They don't apply it to themselves. I know someone who had to pay $5,000 to the IRS for failing to report $6 in interest income from a British bank account. And apparently he got off easy. Normal IRS policy if they think you willfully failed to report a foreign bank account is to fine you the maximum value in the account during the period they examine, which in this case would have been about $15,000.

[dilbert firestorm]

Originally Posted by Tiny

Why should the feds apply the Bill of Rights to the states? They don't apply it to themselves. I know someone who had to pay $5,000 to the IRS for failing to report $6 in interest income from a British bank account. And apparently he got off easy. Normal IRS policy if they think you willfully failed to report a foreign bank account is to fine you the maximum value in the account during the period they examine, which in this case would have been about $15,000.

they took this guy to court over $6.00?


talk about a lack of common sense.

[dilbert firestorm]

read the article.

interesting case.

the Indiana supreme court did have a point in why they ruled the way they did. SCOTUS never ruled on the issue of excessive fines. They did note that the fine was probably unconstitutional.


so yeah, because of the 14th amendment, 8th amendment applies to states.

[garhkal]

Originally Posted by Ex-CEO

This sort of outrageous bullshit has occurred too many times in too many places, including several instances in Texas.


I wholeheartedly agree with Justices Gorsuch and Kavanaugh.

I'd make the stupid judge who initially made that ruling that "It was ok", have to pay not only the initial fine of the guy, but all penalties he's acrude since for not having a car.

[Tiny]

Originally Posted by dilbert firestorm

they took this guy to court over $6.00?


talk about a lack of common sense.

Actually no, that's just an IRS policy. They could under their regulations take 50% of the highest balance of the account for each of the last 6 years, which would have been around $40,000 in this case. But their policy is not to take any more than the maximum account balance.

[nevergaveitathought]

a man, selling drugs, with a land rover

I thought the cops, including the feds, could seize the fruits of ill gotten gains

they keep houses and cars and planes and other property of drug dealers and smugglers all the time

will this case affect that?

'course they missed the step of having to prove it here I guess, but do they ever have to trace the money flow to a specific item and prove each item in big cases?

I think in texas is , at least there was, a law where you owed a fine equal to the street value of drugs you were caught with. I knew a guy who was caught , years ago, with $12,000 of marijuana, they took the weed and he owed $12,000 in cash, then the irs taxed him on the $12,000 of the weed

[garhkal]

DOH!..


Now on the 'keeping the assets of crimes' part. For ME, that law is fraught wth issues.. All too often we hear of the seizures being done, just because someone got Arrested for x crime. BUT nothing about him being Convicted for it.
And other instances where some bigwigg DOES get convicted for a similar crime and does NOT have any of his junk seized...

[Jackie S]

The crux of the matter is this dipshit state attorney is standing before the Supreme Court and saying that the Bill of Rights just protects citizens against the Federal Government, not State Governments.

Two Justices scolded him, saying, to paraphrase, "you are a fukin' moron so shut the fuck up".

[garhkal]

Pity when cases like this get overrruled by a unanimous decision, the judges on the scotus can't recommend that LOWER judge, be kicked off the bench for being such a dipshit.

[TheDaliLama]

Originally Posted by nevergaveitathought

a man, selling drugs, with a land rover

I thought the cops, including the feds, could seize the fruits of ill gotten gains

they keep houses and cars and planes and other property of drug dealers and smugglers all the time

will this case affect that?

'course they missed the step of having to prove it here I guess, but do they ever have to trace the money flow to a specific item and prove each item in big cases?

I think in texas is , at least there was, a law where you owed a fine equal to the street value of drugs you were caught with. I knew a guy who was caught , years ago, with $12,000 of marijuana, they took the weed and he owed $12,000 in cash, then the irs taxed him on the $12,000 of the weed

Yes.. and isn’t it funny that convicts have to file tax returns. The IRS doesn’t care how you got your money..if it’s income it has to be declared.

Occupation Drug Dealer
Gross income: $556,861.34
Standard deduction: $12,000
Expenses and other deductions...

[WTF]

Originally Posted by garhkal

Pity when cases like this get overrruled by a unanimous decision, the judges on the scotus can't recommend that LOWER judge, be kicked off the bench for being such a dipshit.

You need to rerrad the article...many are basically saying they do not agree with the case but need case law from the SC.

[grean]

Originally Posted by Jackie S

The crux of the matter is this dipshit state attorney is standing before the Supreme Court and saying that the Bill of Rights just protects citizens against the Federal Government, not State Governments.

Two Justices scolded him, saying, to paraphrase, "you are a fukin' moron so shut the fuck up".

You know you've lost when that happens.

[nevergaveitathought]

Originally Posted by TheDaliLama

Yes.. and isn’t it funny that convicts have to file tax returns. The IRS doesn’t care how you got your money..if it’s income it has to be declared.

Occupation Drug Dealer
Gross income: $556,861.34
Standard deduction: $12,000
Expenses and other deductions...

I think you don't get to claim any of your expenses