Re:Cops to grab unlocked stuff from cars in East Rock area, ...
by dragonwriter on Wednesday November 04, 2015 @04:26PM
(#10509906)
> And they can sell your stuff after 60 days!
While there might, somehow, be some arguments that the temporary hold to prevent attracting thieves is neither a deprivation of property without due process (prohibited by the 14th Amendment), nor an unreasonable seizure (prohibited by the 4th Amendment), nor a taking for public use (prohibited by the 5th Amendment) -- though I still think its likely to be at least one of those -- I'm having more trouble seeing even a remote argument for how taking personal property from an unlocked car and selling it, with the proceeds going to the government, can fail to be either a deprivation of property without due process or a taking without just compensation.
Moreover, its exactly the same kind of permanent deprivation of the owners property that the policy is notionally supposed to prevent. "In order to stop your stuff from getting stolen, we had to steal it."
While there might, somehow, be some arguments that the temporary hold to prevent attracting thieves is neither a deprivation of property without due process (prohibited by the 14th Amendment), nor an unreasonable seizure (prohibited by the 4th Amendment), nor a taking for public use (prohibited by the 5th Amendment) -- though I still think its likely to be at least one of those -- I'm having more trouble seeing even a remote argument for how taking personal property from an unlocked car and selling it, with the proceeds going to the government, can fail to be either a deprivation of property without due process or a taking without just compensation.
Moreover, its exactly the same kind of permanent deprivation of the owners property that the policy is notionally supposed to prevent. "In order to stop your stuff from getting stolen, we had to steal it."
Really?