[dpieri]

I think the issue mark-r was talking about is that the property is seized before any sort of due process has concluded. Also, if the government doesn't bring a case against you you have to actively fight to get your property back. So if your car is seized and neither party takes any further action the default behavior is the government now owns your car. [someone correct me if I'm wrong about this]

[superuser2]

You are arrested and placed in a cage before any sort of due process has concluded.

The due process doesn't have to be first, it just has to happen, and it has to be binding. (i.e. they can't just keep you or your property if they lose the trial)

[jMyles]

> You are arrested and placed in a cage before any sort of due process has concluded.

Well, that's not really supposed to happen either.

[rhino369]

Of course it is. The Bill of Rights contemplates bail, so obviously it wasn't considered a violation of due process to hold someone before trial.

[jMyles]

I'm sorry, I was unclear. I meant to suggest that the right to be free from excessive bail has been eroded as well.