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Newshawk: Steven S. Epstein
Pubdate: Mon, 13 Feb 2012
Source: Lowell Sun (MA)
Copyright: 2012 MediaNews Group, Inc.
Contact:
Website: http://www.lowellsun.com/
Details: http://www.mapinc.org/media/852
Author: Joyce Tsai, Staff Writer
References: Asset Forfeiture http://www.mapinc.org/af.htm
LAWYERS: MOTEL CASWELL FORFEITURE CASE UNCONSTITUTIONAL
BOSTON -- Attorneys from Arlington-Va.-based Institute for Justice
argued Monday afternoon before a judge in U.S. District Court that the
federal government's civil-forfeiture case against the Motel Caswell
is unconstitutional
Attorneys Scott Bullock and Lawrence Salzman argued that the case
violates both the 10th and 8th amendments to the constitution in
court, and they asked U.S. Magistrate Judge Judith Dein, for a motion
for summary judgment that would dismiss the case completely before it
went to a jury trial.
The 10th amendment, the Caswell's attorneys argue, preserves the
balance between the powers of the federal government versus states
governments, by protecting states, as well as citizens, from the
federal government overreaching or acting in excess of its powers.
And they argued that the federal program that the U.S. government is
using to try to seize the Motel Caswell, overstepped those boundaries,
because there is a state forfeiture law, which applies a different
standard for forfeiture of property, which is more protective of
citizens than the federal law.
[Remainder snipped]
MAP posted-by: Richard R Smith Jr.
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