Cops to grab unlocked stuff from cars in East Rock area, for safekeeping

Re:Cops to grab unlocked stuff from cars in East Rock area, ... by dragonwriter on Wednesday November 04, 2015 @03:25PM (#10509403)

Has the practice been tested in federal court in any use substantially similar? Because its not clear to me how it could withstand challenge under either the Fourth Amendment (as applied to the states by way of the Fourteenth) or the bare Fourteenth Amendment due process, nor is the taking of private property for public purposes (presumably, here, the prevention of crime) accompanied by just compensation, as required by the Fifth Amendment as applied to the states by the Fourteenth Amendment.

A state statute can't generally just brush away federal constitutional requirements.

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Re:Cops to grab unlocked stuff from cars in East Rock area, ... by huac on Wednesday November 04, 2015 @03:49PM (#10509610)

Wait, yeah, this doesn't sound right at all. Carroll provides exceptions for cars where there is probable cause. I too would be surprised that 'unlocked door' constitutes probable cause.

Though, here the police are explicitly giving the items back (if the backpack they take doesn't have weed, I guess). Civil forfeiture, as a practice, is legal but really shitty (if the police think you made money from a drug ring, you're never touching that money again, even if you're acquitted).

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