Florida is a civil seizure laws in an effort to combat speeding sport motorcycle riders. As noted in an article that I read, the application of using an ancient law to combat speeding sport motorcycle riders. The core of the Act is that Florida law enforcement officers once their light turns on to pull someone, and if they claimed to be accelerated, can their bikes are then seized because they were used in the commission of a crime, namely "aggravated fleeing and. escape "
The article says that the officers did not identify the person to ride the bike, all they have to do is get the license plate information. The law allows them to then use the bike, rather than hunt them.
As a biker lawyer and motorcycle and biker rights of this kind of tough on Raser lawyer bothers me on many different levels.
Before going for in my opinion, the prosecution go method, I would say, and affirmthat the vast majority of sport bikers do not run away from the police, nor do they have to drive at 170 miles per hour over roads. There are a few idiots who speed on streets and canyon roads on sport bikes and cars, too. They should have broken the acceleration. They should take their antics to a race track rather than the public in danger on public roads.
But the law enforcement method that Florida is now busy worrying me a lotdifferent levels. First of all, I have never supported or condoned civil seizure laws, because they always unconstitutional to me. They do not give it the smell test!
A basic civil law allows the seizure of a state to property, money or property of a man if she can take to be proved by a preponderance of the evidence that the property, money or assets, we either used or received by the commission of a crime.
To prove that someone is a crime, a state or committed Government has to prove, "Beyond a Reasonable Doubt" that the person being accused of a crime committed. This is the highest standard of proof in our legal system.
To win in a civil proceeding, the burden of proof is "preponderance of Evidence." Preponderance of the evidence is sometimes referred to as "rather than not" or "more than a 50 percent chance", etc. described
The civil seizure laws allow states to take away your property without ever proving that you actually committed a> Crime in accordance with the Constitution.
The United States Constitution prohibits the government from private property in the public interest without compensation and without due process of law.
The civil law, the seizure has been adopted and confirmed by the "conservative" United States Supreme Court, these laws have as an exception to the constitutional prohibition against the government taking private property for a public purpose without just compensation upheld by the carvingthe criminal activities and proceeds of crime exception. The theory is that since the property was used or derived from criminal activity, the property can be confiscated won. There is no fair trial because the person whose property is taken note of the oral and an opportunity, one has to be. I do not agree with the Supreme Court upholding these laws is because it is against what our founding fathers are, when they drafted the Constitution.
Another worrying phenomenonwith the civil seizure of property under the criminal law except that the accused person not entitled to have appointed a lawyer to have her in a civil case, they only have that right in a criminal case.
So basically the state can use your property without ever having proved that they committed a crime. Worse still, in many cases, this type of criminal charges are never filed. These laws have resulted in huge windfalls for many local, state, and the Federal RepublicGovernment at the expense of a person who was possibly not even charged with a crime.
Let's go back to the Florida situation, which is annoying to me that Florida law enforcement agencies collect your bike without ever proving that the bike you ride, or that you stepped up if the lights were switched on was to use. Moreover, do we know whether there is a policeman in Florida not only say "accelerated the guy when I put my lights on," to start to seizureMotorcycles?
It's basically your word against prosecution, and what do you think a judge or jury believe you are there yet?
It is my opinion that it justifies a lot of room for abuse of the system in Florida under someone's motorcycle, without having to prove beyond reasonable doubt the person who ran the bike in the possession of the police.
This new tactic coupler Florida appears to be strong to the public, who may already be biased against motorcyclists and cyclists, but itgoes beyond that. Do you really think that law enforcement will now only use this tactic against cyclists? Hell no, will they do, cars, trucks and other vehicles also. Once they have a taste of the revenues, which are by this tactic, they encourage it to create more.
What I see here is government run amok. So-called conservative anti-crime zealots steal our constitutional rights away from the bushel. I thought the Conservatives shouldbe against big government intrusion into our personal lives and the removal of our constitutional rights.
To date, 10 motorcycles in Volusia County, Florida, under the new program after the seizure of an article on 11 March was published in 2007, I wonder if one of the owners was actually sentenced confiscated nothing.
I submit to sport bike riders and sports car enthusiasts from turning our public roads in raceways. However, I am more afraid ofthe potential for abuse of the civil law seizure by the government. I wonder how many of an innocent man will lose their property, without having done something wrong?
By Norman Gregory Fernandez, Esq. © 2007
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