This violates the Eighth and Fourteenth Amendment. A person whose Corvette is taken after a DUI is paying a much higher fine that a guy who loses a moped for the same offense. He is also paying a fine that is disproportionate to the crime. A Corvette costs at least $70k, with many approaching 6 figures- which is the fine for bank fraud, a monetary crime.
I make no bones about being opposed to asset forfeiture as it is currently practiced. I think that it’s immoral and unconstitutional to take someone’s property without due process. It goes like this: you are pulled over on any pretext, no matter how weak. They ask for permission to search the vehicle. It doesn’t matter if you agree or not. If you refuse, they get a drug dog to alert on your car and search it any way. Even if the dog finds no drugs, and you aren’t arrested or charged with a crime, they will take any money they find. They tell the motorist to sign a form abandoning the cash or face a felony arrest. Sign it or not, they are taking the cash and you are never getting it back. This guy lost more than $100k in cash and PMs in a case just like this.
Many states and localities have made this scenario illegal, but the cops don’t care. They cops simply file the forfeiture in Federal court where the local law does apply. No matter what, if you have money, they are taking it. Any cop who tells you that civil asset forfeiture is morally or Constitutionally acceptable is a tyrannical asshole, and I will cheer when there is a video of them getting smoked. Even in the presence of a criminal conviction, taking thousands of dollars from someone is a violation of the Eighth Amendment. Don’t bother quoting any bullshit case on the matter. I can fucking read, and some lawyer in a black dress trying to justify his boss’ theft of the people’s hard earned money is a travesty.
To those who think that the cops or the military will take your side in the civil war that we all see coming: they won’t. They will take the side of whomever is signing their paychecks, and that isn’t you. I think that most people who are drawn to police work do so for good reasons. They are then captured by the lust for power and money.
In this case, the cops want to drive a cool car, so they pull you over on a pretext and simply take your car, Constitution be damned. Power corrupts.
This is why the original Constitution purposely kept the government weak and subservient. People, however, just love having the power to tell others how to live. In order to be able to control others, the citizenry gave the government more and more police powers. Those police agencies are now so powerful that we are in a police state. One where you can’t even be confident in your ability to drive down the highway without being robbed at gunpoint by a gang member wearing a badge.
EDITED TO ADD:
A second DUI in Florida is a misdemeanor. It’s punishable by up to 9 months in jail and a $2000 fine. If your BAC is greater than 0.15 or there is a minor in the car, the penalty increases to 12 months and a $4000 fine. Additionally, the car is disabled for 30 days after the convict is released from jail. I don’t think it should be legal to take a $100,000 car for a misdemeanor that carries a max fine of $4000.
2 Comments
Henry · May 12, 2026 at 7:11 am
I never understood how any legal system can consider civil asset forfeiture justified. The underlying theory is that the asset committed or assisted in committing a crime. And in most jurisdictions, the asset is presumed to be guilty and the owner has to mount a defense in order to hope to get it returned. That’s nonsense. The only legit way to do asset forfeiture is AFTER a conviction, and only as restitution to victims or part of a cash penalty.
Divemedic · May 12, 2026 at 7:47 am
Right.