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Back to Table of Contents, A Declaration of Universal RightsThe right to be secure in one's person from unlawful arrest shall not be infringed. This section reaffirms that arrest is a seizure of an instrumentality of a crime (in this case, a person) and not a forfeiture. See Article 2, Section 5 relating to seizure of persons (arrest).
Section 14: Seizure Of Property No seizure of property shall be worked by civil government except to obtain instrumentalities of a crime, contraband or stolen property. This section follows in principle Article 5, Section 13 and Article 2, Section 5 as it relates to property rather than persons.
Section 15: Forfeiture Of Life, Liberty Or Property For Wrongful Act No forfeiture shall be worked except by the commission of a wrongful act, an appropriate trial or proof procedure, a judgment of liability or guilt and a lawful punishment, incarceration or levy. This section works in conjunction with Article 2, Sections 3 and 4. Forfeiture of life for murder or liberty and property for certain other wrongful acts is consistent with the inalienability of rights. Though the individual is not free to alienate an immutable right, certain wrongful acts may work a forfeiture. Though civil government is not free to impair an immutable right, the exercise of certain wrongful acts may work a forfeiture. In either instance, forfeiture cannot be worked unless due process has been rendered and guilt or liability established. Forfeiture involves the rightful use of civil power. It is not to be confused with seizure noted in Article 2, Section 5. |
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