#innocent owner
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masterofd1saster · 7 months ago
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CJ court watch - the civil forfeiture case
SCt decided Culley v. Marshall, 601 U. S. __ (2024) today, 9may24. There were three dissents. While the case is unsatisfying, it's mostly because the facts were bad.
Halima Culley's car was seized for drugs on February 17, 2019 while her son was driving. Lena Sutton was seized for drugs on February 21, 2019 while her friend was driving.
The State of Alabama filed a forfeiture complaint against Culley’s car on February 27, 2019, just 10 days after the seizure of the car. But Culley waited six months before answering that complaint. And she waited another year—until September 21, 2020—before raising an innocent owner defense in a motion for summary judgment. Soon thereafter, on October 30, 2020, an Alabama state court granted Culley’s motion and ordered the return of her car. Sutton similarly moved slowly in her forfeiture proceeding. Alabama brought a forfeiture case against Sutton’s car on March 6, 2019, just 13 days after the seizure of the car. Sutton initially failed to appear in the case, causing the state court to enter a default judgment for Alabama. *** On April 10, 2020, three weeks before the scheduled trial date, Sutton finally moved for summary judgment on the ground that she was an innocent owner. Soon thereafter, on May 28, 2020, the state court granted her motion, and she recovered her car.***
In civil forfeiture cases, the Due Process Clause requires a timely forfeiture hearing, but does not require a separate preliminary hearing.
Culley & Sutton sued in federal courts arguing that Alabama should have provided a preliminary hearing before holding onto their cars.
SCt pointed out that the Constitution had never required a preliminary hearing before seizure of personal property. Moreover, the Constitution doesn't require a preliminary hearing before you are seized. I think if Culley & Sutton had immediately requested a hearing, they would have had a better case.
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uncanny-tranny · 17 days ago
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To my fellow US Americans: If you are planning on arming yourselves because of the election results and what might be on the horizons, I urge you to be a responsible gun owner.
Take as many classes as you can. Get certified in gun safety, even if it's not required to own a gun in your state. Get a gun safe. A good gun safe. Lock your gun up. Don't leave it armed. Don't wave your guns or gun-owning status around and don't pose with guns like they're toys. I'd say not to make gun buying an impulse purchase, either. You are investing in something that holds great potential risk to yourself and others - treat it like a responsibility.
I'm not here to argue about if Americans ought to exercise the second amendment in the way it currently exists. That's not the point - we have always had the second amendment, and I doubt it's going anywhere. I am more interested in making sure we don't see a surge in accidental, negligent gun ownership.
As a queer person in the US, I can understand the mindset behind people's spiked interest in arming themselves. I'm not arguing against that. As a child of gun owners, I know just how huge a responsibility it is to own a gun, and I hate the general attitude we Americans have about guns. Please don't contribute to that. If you own a gun, it is you inherent responsibility to take care of that gun (which is why I can't own a gun yet - I don't have the resources to pour into proper ownership).
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kataraavatara · 3 months ago
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now they want me to feel bad for clythia the notorious slave owner waaa waaa jurian led her on he tortured her ok whatever he should have done it more actually
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keirientez · 5 months ago
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two other aus that i had like a few months ago
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halltastic · 9 months ago
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🤣
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victorluvsalice · 8 days ago
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Valicer Polyship Week 2024, Day One: Team As Polycule (Valicer In The Dark AU)
Hello everyone, and welcome to Valicer Polyship Week 2024! :D Where, just like in 2023, you will get a daily Valicer fic based on one of the prompts from the official Polyship Week 2024 prompt list, courtesy of, naturally, @polyshipweek! Today is Day One, and the prompt I chose was "Team As Polycule" -- mostly because it immediately made me think of my Valicer In The Dark trio, and how they are a criminal crew as well as a polycule. Though, interestingly, the story that I came up with doesn't have actually have them doing a score together or anything like that. Instead, I ended up writing something about Alice being told that romancing her fellow crewmates is a bad idea by the leader of another gang in the area, and taking semi-violent offense to said leader poking her nose into her business. :P Not sure why my mind went off in that direction -- but as you will see tomorrow, apparently I really wanted to write "someone is a jerk to one of the trio, only to get theirs in the end" this year...
--
“You know, it’s not a good idea to mix pleasure and work.��
Alice blinked, then looked over to see one Nessa, leader of the Gray Cloaks, standing by the door to the bathroom, arms folded across her chest and mouth thin with displeasure. “It’s not going to end well,” she continued. “Sooner or later, the tower of cards always collapses.”
“Right.” Alice shook her hands off above the cracked sink basin before reaching for the towel. “First of all, did you really follow me in here to say that? And second of all – what? What are you talking about?”
“Yes, I did, because I had to go anyway – and I didn’t want to say this with your two, ah, friends overhearing,” Nessa replied, jerking her head toward the door and, implicitly, at Victor and Smiler back at their table. “And you know what I’m talking about. You’re playing a dangerous game, getting – involved with your partners in crime.”
Alice’s eyes narrowed. “I don’t believe I asked your opinion on my love life,” she said coolly, drying her hands.
“You’re getting it anyway,” Nessa said, untroubled by her tone. “Because I think too much of you to let you make a stupid mistake. Look, you’re easily the most sensible one in your little gang–”
“Me? I’m the one who talks to things that don’t exist on the regular,” Alice cut in, raising an eyebrow. At her feet, Cheshire covered a chuckle with his paw. “Just underlining my point there, Cat.”
“Sure, fine, but look at the two people you hang around with,” Nessa insisted. “Your Whisper’s a slip of a thing from money, and spends his time sticking his nose too far into his books and fiddling around with things he doesn’t understand. And your Leech…” Nessa rolled her eyes. “Well. They’re an Advocate. We all know what that lot is like.” She pointed at Alice. “But you? You know that this world’s a stupid, cruel, cold place, full of people that are as likely to stab you in the back as they are to shake your hand and give you a smile. And you’re more than ready to do the stabbing if you have to. You’re the one who sees things as they are.”
“Except when I don’t,” Alice said, watching as a tentacle poked its way through a hole in the ceiling. “Though I suppose I should take a compliment when it is offered. But what exactly is your point here, Nessa? I know you have one, even if it’s just hidden in your cloak.”
“My point is that you should be smart enough to know that getting personally involved with your crew is only going to lead to trouble,” Nessa said, shaking her head. “You can’t trust them that far, no matter what they might whisper in your ear in the middle of the Names. It’s common knowledge that Roric and Lyssa were lovers before she tore his belly open and dumped him in Ratblood Canal so she could get the Crows all to herself. Less common that Mylera of the Red Sashes used to be a spy in the Lampblack ranks, and seduced a few secrets out of Baz himself before running back to her own to destroy him. And don’t get me started on what happened between the Billhooks’ Tarvul and his wife before she ended up in Bellweather Crematorium and he in Ironhook Prison…” She huffed. “Point is, this city is rife with idiots who took a chance on getting close to their fellow scoundrels, and paid the price. And I see the way you look at your crew, and – I know you’re gonna get hurt.” She sighed, letting her arms drop. “Van Dort grew up rich, Alice – the minute he thinks he’s got enough Coin to get back into proper society, he’s going to ditch you without a second thought. And Alton – I bet you you’re never more than one too many frowns away from being stuck with a syringe and dragged back to their headquarters to get your head ‘corrected.’ Maybe you three work well enough together now, but – you can’t trust ‘em to treat you right.”
“I see.” Alice hung the towel back on its little hook. “Is that your entire piece?”
“Yeah,” Nessa nodded. “Just had to get it out there.”
“Excellent.” Alice took a moment to brush her hair back from her face –
Then, before Nessa could move an inch, she slammed the woman up against the wall, putting her knife against her throat. “Here’s mine then – keep your fucking nose out of my fucking business,” she hissed. “You think Victor wants to go back to a life where the weight of his parents’ expectations made him miserable? You think Smiler doesn’t care enough about me to know that getting me high on Joy Serum is the worst way to make me happy? You honestly think I’m stupid for daring to fall in love with the first two people who ever actually treated me like I was a person and not just a broken simulacrum of one? You don’t know anything about us, then. And I’ll thank you to keep your opinions to yourself in future.”
Nessa stared at her, eyes wide and breathing hard – and, judging by the sudden smell, no longer with a need to go to the toilet. Alice released her and tucked her blade away again. “Good talk,” she said simply, then headed back out into the Ball & Socket.
As she’d expected, Victor and Smiler were still at their table, finishing off their food. “Was that Nessa that just followed you into the bathroom?” Smiler asked as she sat back down again. “Thought I recognized her braid.”
“It was,” Alice confirmed. “We just had a rather illuminating chat.”
“Oh?” Victor said, dabbing his mouth with his napkin. “What about?”
Alice responded by grabbing his tie and pulling him in for a kiss. “About how she’s an arsehole who thinks you two are idiots and I’m an idiot for being in love with you,” she said after releasing him. “And how, if she doesn’t believe a crew can trust each other enough to be together more – intimately than normal, that’s not my problem.”
“Uh – ah – oh,” Victor said, blinking as his brain tried to catch up. “I – I see. I think.”
“I definitely see – that was rude of her,” Smiler said, defying their name by frowning. “I mean, sure, probably what we have together isn’t conventional for a crew, but – I like what we’ve got.”
“Me too,” Victor agreed, before leaning over to give Smiler a quick kiss, apparently worried they’d feel left out otherwise. “I’m happier than I’ve ever been with you two.”
Alice smiled at them, taking both their hands in hers. “I feel the same. And trust me, Nessa knows that very well now.” She glanced over to where the Gray Cloaks were huddled, looking a bit nervous about how their leader hadn’t come out of the bathroom yet. “So – no offering our services to help them gather more evidence about how they were framed right now?”
“Hell no,” Smiler said succinctly. “Maybe the Lost could use our help instead – I heard that they’ve got a vendetta against the owner of the Cordelia Furniture factory now...”
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chiffaust · 6 months ago
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hsrtwt media literacy is so dead bc where did they pull out the whole jade is a colonizer thing when her story isnt even leaked yet we dont know shit abt her & these ppl are calling her a slave owner & a colonizer... actually IT DOESNT MATTER IF SHE'S ONE i'm just pissed off that by this misinformation spreading alone people are being misogynistic towards her. you would not survive may 2024 as a jade liker
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prudencepaccard · 6 months ago
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I was legitimately so fucking cute
kept being compared to Eugene Levy as if that's a bad thing. The antisemitism was hugely disturbing though
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findingnemosworld · 7 months ago
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I assume near future stands for, never. (or after they're given the premier league 🤡
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alyimoss · 3 months ago
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the discord server has come up with a new bit: everyone is each other. people have switched names and pfps. i can no longer tell who is who
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blackstarising · 2 years ago
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no joke as a black woman who went to white schools throughout her entire childhood oh how i WISH i'd had a history teacher like jacob. do you know how much propaganda i'm still unpacking to this day??? ava wasn't the only one leaning forward during his class i'll tell you THAT
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I always forget there are republicans on this site, and then they interact with me and it's like. ew. die wtf
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pwurrz · 1 year ago
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idf bootlickers insisting that hamas and the people of palestine are the ones constantly lying, twisting the truth, jumping to conclusions and spreading propaganda is as hilarious as it is morbidly fucked up.
you stupid little sheep will just believe everything your government tells you, won’t you?? you claim to have independent thought, to have come to the most reasonable conclusion about the situation all on your own, but you haven’t. because you can’t. the conclusion you came to? is only reasonable because of the lies and propaganda you’ve been spoon fed since you were born.
as long as you keep believing in the ‘cause’ of colonizers, of tyrants, of war criminals, of the oppressors, of those apathetic to the deaths they’ve caused with their own hands, you’ll never have a truly independent thought. you’ll forever be stuck parroting the words of others, without even realizing it, like a mindless children’s toy who’s only purpose is to repeat whatever’s said to them.
it’s almost pitiful. it truly is a shame you haven’t woken up.
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halltastic · 9 months ago
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Claiming Innocence 😆
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i have negative feelings about feeding those fucking ants again
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mermaidgirl30 · 8 months ago
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“Infra-Red” by Three Days Grace got me thinking a lot about ch 2 of “Dark Shades of Innocence Lost” and how much I want to write it. I’m thinking about the first time Joel goes down on reader, how his normal shades of red are swirled with tinges of light pinks and bright colors every time he looks into her shining eyes. I’m thinking how both their worlds are flipped upside down with how badly they want each other. I’m thinking two souls combining as one to paint the entire club a new shade filled with desire and longing 😍
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