Florida is a civil seizure law in an effort to combat speeding sport motorcycle riders. As stated in an article I read, the law enforcement authorities with an old law to combat speeding sport motorcycle riders. The heart of the law is that, Once Official Florida law enforcement on the lights to attract someone, and when this is likely speeding, their bikes can be confiscated because they were used in the commission of a crime is "aggravated escapeand retire. "
The article states that the officers did not identify the person riding the bike, all you have to do is, the information plate. The law allows them, then take the bike, rather than hunt them.
As a lawyer and rights biker motorcycle rider and disturb this method to suppress the proponents speeders me on many different levels.
Before I go my thoughts with enforcement proceedings, I would like to reiterate that the state andthe vast majority of sport bike riders do not run away from police, or have to drive 170 mph through the streets of the city. There are a couple of idiots to do the speed and the road canyon road for motorcycles and sports cars in it. You should get a speed break. You should review their antics on a race track, rather than the public in danger on public roads instead.
However, the method that the application of the law in Florida, is now annoying memany different levels. First of all, I have never supported or condoned civil law unconstitutional seizure because they have always worked for me. They do not pass the smell test!
A fundamental law allows a state civil seizure of property, money or assets to seize if someone from a preponderance of the evidence can be shown that the ', money or property that is used or received by the commission of a crime.
To prove that someone has committed a crime, a State or Governmentto prove "beyond doubt" that the person accused of a crime. This is the highest standards of proof in our legal system.
To win, in a civil case the burden of proof, "preponderance of the evidence." Preponderance of the evidence sometimes referred to as "more likely than not" or written "more than 50 percent chance" is, etc.
Civil laws seizure allow States to take your property without ever having to prove who actually committed a crime under theConstitution.
The United States Constitution prohibits the government of private property for a public purpose without compensation and without due process.
The civil seizure laws that were adopted and confirmed by the "conservative" U.S. Supreme Court, these laws continue as an exception to the Constitutional Court of the prohibition against the government of private property for a public purpose without just compensation by the spin- off of the criminal activitiesand the proceeds of crime exception. The theory is that since the property was used or derived from criminal activity that the property be exercised. There is no violation of due process because of the person whose property is taken note of and the right. I do not agree with the Supreme Court of the maintenance of these laws, because compared to what our forefathers intended when the constitution was drawn up.
Another disturbing aspect, with the kidnapping of civiliansProperty under the criminal law, except that the accused persons did not have the right to a lawyer for her in a civil case, not only have this right in a criminal case.
So basically the state can show off your property without you ever committed a crime. What is worse, that are stored in many of these types of cases before criminal charges. These laws have resulted in huge windfalls for many local, state, and the federal government at the expense ofPerson who never could even be accused of a crime.
Returning is the state of Florida, which is annoying to me that Florida law enforcement agencies can use the motorcycle without you ever take the test riding a motorcycle, or speeds up when the lights were on was turned on. In addition, we do not know if a police officer in Florida just say 'speed up the boy when I moved my light "to start seizing cars?
It 's basically your wordagainst prosecution and who should believe your opinion of a judge or jury?
It 'my opinion it is justified to take too much room for abuse of the system in Florida motorcycle someone without having to prove beyond reasonable doubt the person who was driving by the police.
This new tactic Florida appeals obvious to the general public, who may already be biased against motorcyclists and cyclists, but goes further. Do you really thinkthat law enforcement only is this tactic against cyclists? Hell, no, start cars, trucks and other vehicles too. Once you have a taste of the revenue created by these tactics, they promote it more.
What we have here is the Government Running Amok. fanatical anti-crime conservatives called stealing our constitutional rights away from a bushel. I actually thought conservatives were against government interference in our being greatpersonal life and the removal of our constitutional rights.
To date, 10 are in motion Volusia County, Florida, was under the new program has taken possession, after the seizure of an article was published on 11 March 2007, I wonder if one of the owners in reality nothing has been said guilty.
I do not condone cyclists and sports enthusiasts of sports cars with the application of our public roads in the slopes. However, I am more afraid of the danger of misuse ofcivil seizure laws by the government. I wonder how many innocent people had their property without losing something wrong?
By Norman Gregory Fernandez, Cav. © 2007
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