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I wouldn't call it useless, the decision is pretty clear on when property can be held: > If the rationales that justified the initial retention of the plaintif
by njovin 2y ago
I wouldn't call it useless, the decision is pretty clear on when property can be held:
> If the rationales that justified the initial retention of the plaintiffs’ effects dissipated, and if no new justification for retaining the effects arose, then the Fourth Amendment obliged the MPD to return the plaintiffs’ effects.
...and even addresses acceptable reasons for delay:
> we do not suggest that it must always return the property instantaneously.
Matching a person with his effects can be difficult, as can the logistics of storage and inventory.
The court's opinion is basically that once the criminal complaint is resolved and the investigation is terminated, the gov't has no reason to hold the property and it must be returned. If it takes them a few days or weeks to get the stuff out of inventory and coordinate the return that's fine, but they can't continue holding it just because they feel like it.
- Yoofie 2y agoThis is easily bypassed and/or worked around. What is to prevent an indefinite investigation? The FBI D.B Cooper case was open for decades, for example.
- mattmaroon 2y agoThey same thing that would prevent anything else they do, being taken to court. It’s the only thing they fear.
- dwighttk 2y agoWell if db cooper wants to come claim his property…