this post was submitted on 15 Sep 2024
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It's not illegal. It's also not illegal for the police to claim it's criminal profits and seize it. The courts decided your money, (and other property), does not enjoy the same rights you do. So you have a right against search and seizure but your money and other property does not. This does three things. It opens your stuff up to be seized without a warrant, it makes it a civil case to get your stuff back, and you have to prove you're not a criminal and your stuff wasn't used by criminals.
It is absolutely unconstitutional on the grounds that it's a naked evasion of our 4th, 5th, and 6th amendment rights. But good luck explaining that to the guys with the guns.