No constitutional right to own trucks - Truckers' Trucking Forum

rookietrucker · **^ Top** #1 08.04.2009

Court: No constitutional right to own trucks

Quote:

A fleet owner whose trucks were seized as part of a criminal investigation does not have a constitutional right to have those trucks returned to him, the U.S. Court of Appeals for the Third Circuit has ruled. The asserted rights to engage in business and own trucks "are more similar to the type of intangible employment rights that this Court has rejected as not protected by substantive due process than the real property interests which can be protected by substantive due process," the court said.

This case arises out of the civil forfeiture of certain Wrench Transportation Systems Inc. trucks seized in connection with a New Jersey state criminal investigation about the illegal transport of waste oil. Owner James Malone claimed that the defendants – New Jersey state investigators – violated his substantive due process rights when they allegedly refused to return the vehicles unless Malone signed a release and provided testimony for them in connection with the criminal investigation.

No constitutional right to own trucks

CURTWAYNE · **^ Top** #2 08.04.2009

Isn't that blackmail?

If you want your property back, you have to do this for us...

The United States is going down the crapper, because its' citizens let the government run crazy and do this kind of stuff.

Raezzor · **^ Top** #3 08.04.2009

Copied directly from the decision paper:

"To succeed on a § 1983 claim, “a plaintiff must show that the defendants, acting under color of law, violated the plaintiff’s federal constitutional or statutory rights, and thereby caused the complained of injury.” Elmore v. Cleary, 399 F.3d 279, 281 (3d Cir. 2005) (citation omitted). Thus, we first look to see whether Malone was deprived of a constitutional right. The District Court found that he was not. We agree."

So apparently owning trucks and/or running a business is NOT a constitutional right. Wonder what our Founding Fathers would think of that decision.

punkinhed · **^ Top** #4 08.04.2009

surprised? the whole eminent domain business has been used to declare entire neighborhoods 'blighted' (even the $200K houses) so they could all be razed and the land sold to home depot.

Working Class Patriot · **^ Top** #5 08.04.2009

Quote:

Originally Posted by punkinhed

surprised? the whole eminent domain business has been used to declare entire neighborhoods 'blighted' (even the $200K houses) so they could all be razed and the land sold to home depot.

You can thank a liberal (FDR and his "New Deal") for eminent domain...

He used it to seize farms and other private property for government programs and use.....

Roadmedic · **^ Top** #6 08.05.2009

Quote:

Originally Posted by Working Class Patriot

You can thank a liberal (FDR and his "New Deal") for eminent domain...

He used it to seize farms and other private property for government programs and use.....

And further refined by the many fine politicians over the many long years.

Working Class Patriot · **^ Top** #7 08.05.2009

Quote:

Originally Posted by Roadmedic

And further refined by the many fine politicians over the many long years.

And a SCOTUS justice who was thought to have been a conservative.....

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