Constitutional violation?
Union Leader - Police property: It's finders keepers in NH - Thursday, Aug. 24, 2006
It seems to me the retention of seized property in this case is a violation of the 5th and 14th amendment, that no person be deprived of their possessions under due process of law. The gray area here is that the CDs in quesiton were properly seized under the 4th amendment; yet after being found not guilty, does 'due process' require these CDs to be returned, as they are not illegal copies? I can see this easily going to the Supreme Court, and the justices therein ruling in favor of the plaintiff.
It seems to me the retention of seized property in this case is a violation of the 5th and 14th amendment, that no person be deprived of their possessions under due process of law. The gray area here is that the CDs in quesiton were properly seized under the 4th amendment; yet after being found not guilty, does 'due process' require these CDs to be returned, as they are not illegal copies? I can see this easily going to the Supreme Court, and the justices therein ruling in favor of the plaintiff.
posted by xanadian at 11:29 AM
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