Asset Forfeiture And Seizure Is Immoral

BY Herschel Smith
2 months, 2 weeks ago

Courthouse News Service:

A Cleveland security guard claims in court that the city has refused to return his guns that were used as evidence after he shot and killed a home invader, even though the case against the intruder’s accomplice is over.

Brian Bridges sued the City of Cleveland, Mayor Frank Jackson and Police Chief Calvin Williams on Thursday in the Cuyahoga County Court of Common Pleas, alleging violations of his Second and Fourth Amendment rights.

In March 2015, Bridges came home to find two men robbing his house. During the ensuing confrontation, Bridges fatally shot one of the invaders, Joseph Eason.

“The shooting was in self defense and was justifiable,” Bridges’ lawsuit states.

The other suspect, Anthony Akins-Daniels, escaped, but he was eventually found and arrested. He pleaded guilty to involuntary manslaughter for causing the death of his “best friend,” Eason.

Bridges claims Cleveland police unlawfully seized his property, “including a Glock 21 semiautomatic handgun, ammunition, holsters and a redcherry piccolo,” to be used as evidence in Akins-Daniels’ case.

Despite the fact that the criminal proceedings against Akins-Daniels are over, police have not returned Bridges’ guns, he says.

Bridges noted in his complaint that he is a professional security guard and has a license to carry a concealed handgun.

He sued for replevin and violation of the Second and Fourth Amendments to the U.S. Constitution.

Bridges seeks $20,000 in compensatory damages and $50,000 in punitive damages. He also wants an injunction to stop the city from “enforcing any policy and/or actions that infringe upon a lawful gun owner’s right to keep and bear arms.”

The temptation of any attorney is to play up the ideas that (a) he’s a “guard,” he (b) has a permit, and (c) he was exonerated.

None of those things matter.  What matters is that asset forfeiture and seizure, even if supported by existing laws, are immoral.  They reek of royal ownership of personal property, and thus don’t even consider that a war was fought over just such things.

The owners of property, even if convicted in court, should get a chance to sell their property, give it to their family, or otherwise dispose of it in any way they deem appropriate.  It’s theirs.  Their property doesn’t belong to the state, to the king or queen, or to society at large.

This is one reason I oppose the modern concept of incarceration, as well as the notion and phrase that any man has a “debt to society” that must be paid.  No man has a debt to society.  If he has stolen he has a debt to the victim.  If he murders, rapes or kidnaps, he should be put to death.

Here’s a quick note to lawmakers everywhere.  Get rid of asset forfeiture and seizure laws.  Men’s property isn’t yours.  It doesn’t belong to you.


Comments

  1. On May 8, 2017 at 6:53 pm, Chris said:

    Asset forfeiture is immoral, and unconstitutional if the assets are used by the state. If the state uses the property, it is taking for public use, in which case just compensation must be paid. So – if the state takes an asset, it should be destroyed, or they should pay compensation. That’s the Constitution!

    Best way to get rid of asset forfeiture is to turn it against the darlings of the left. It would be immoral, but just, to take the homes and titled property of illegal immigrants, because it is property being used to further law breaking. Should any state dare to do that, the media will immediately demand such laws be repealed.

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This article is filed under the category(s) Politics and was published May 7th, 2017 by Herschel Smith.

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