Court says police can seize suspected drug dealers' cars
The Supreme Judicial Court today ruled State Police had established a strong enough case to warrant seizing a Canton man's Audi and bank account before his trial on charges of illegal distribution of steroids and Cialis.
The ruling, in Commonwealth vs. One Audi Sedan Automobile, extends authorities' rights to seize items used directly in the commission of a crime to civil forfeiture proceedings, in which they can grab items not directly related to any criminal acts. The court said that under state law, prosecutors need only show they "had reliable information" that there is some type of link between the item and the alleged criminal.
The ruling comes in the case of Bruce Kneller, arrested by State Police in 2006 as part of a two-year investigation into Internet-based steroid sales. The SJC ruled that investigators had compiled sufficient evidence to warrant going ahead with criminal charges against him - including evidence that, Kneller allegedly mixed revenue from his alleged illegal activities with legitimate purchases and sales. And that, the court ruled, was good enough for a pre-trial seizure.
Comments
How can this be Constitutional?
"The ruling, in Commonwealth vs. One Audi Sedan Automobile, extends authorities' rights to seize items used directly in the commission of a crime to civil forfeiture proceedings, in which they can grab items not directly related to any criminal acts."
This is just wrong. Until he is convicted of a crime, there is no crime.
Auto Seizures for drug cases
This issue had been decided many times over twenty years ago. It is about time the Supreme Court got into the case. They needed to set some guidelines. Hopefully, the local police know what they can and cannot do in these cases rather than helter skelter taking cars and money like they had in the past.