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Discussion: (9 comments)

  1. As I recall the fact of the case it was just the wrong law being used. The facts seemed to establish that the motel was a public nuisance which the law has means to handle, Starting the notifying the owners that they are running one. The person is given some time to correct the issue, and if not fines start being incurred. The question would then be how many arrests for drug crimes happened in the motel. If many did I believe the law says you have been notified of the events by the arrests.

    1. According to what I’ve read the Motel Caswell had no more drug arrest on their property than any of the other local motels. The difference was the Caswell family had no mortgage while the others did.

  2. morganovich

    kudos indeed.

    that was a truly outlandish perversion of law and a wild overreach.

    attempts to hold a hotel owner responsible for everyhting that happens in the rooms is simply an impossible standard.

    guests are entitled to privacy. you cannot spy on them or put cameras in the rooms. that would be illegal.

    how could one then rationally expect a hotelier to prevent misbehavior.

    renting to a known drug dealer or prostitute is one thing, but just assuming that someone is would have the ACLU and who knows who else all over you for profiling.

    we need to seek to avoid creating such catch 22’s in law.

  3. Carpe Diem generated far more comments before it moved to AEI. Has readership dropped, does AEI censor posts, or is something else at work?

  4. That is excellent news. Sometimes the good guys win.

    Note to self: Donate to IJ in the morning.

  5. Great news! Thanks for posting on this specific civil asset forfeiture case and other similar cases so many times over the years. And thanks for sharing the conclusion.

    -JD Cross

  6. Now has come the time to prosecute the prosecutors..

  7. Dave Thomas

    Fabulous news!

  8. This civil forfeiture law should be abolished in the USA and Canada.

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