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Old January 6, 2020, 11:23 AM   #12
USNRet93
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Join Date: October 23, 2018
Location: Republic of Boulder, USA
Posts: 1,475
I gots another question, from this non-legal, layman.

Why couldn't the RFL mean the people on either side go to court FIRST, each represented with counsel, and then the judge says 'take 'em' or 'don't take 'em'.

Kinda like a custody hearing??
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A LEO executing a court order isn't holding a hearing. The problem comes in how the hearing resulting in the seizure order is conducted.
I understand but the same thing is happening when a guy is accused, then arrested, isn't it?
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An arrested person does not lose his rights. He will be detained for arraignment.
He certainly does lose his 'rights' in jail, doesn't he?
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That doesn't transform their acts into an equivalent of a judicial process. On the contrary, judicial process is the remedy to those abuses, except in the early phase of an RFL process because it is ex parte.
Being arrested after the LEOs being called isn't a act of a judicial process either. The RFL court process is the remedy for the seizure, isn't it?
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Last edited by USNRet93; January 6, 2020 at 11:29 AM.
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