Re:Police Cannot Seize Property Indefinitely After an Arrest...
by tshaddox on Sunday August 18, 2024 @01:19PM
(#41283685)
How is that different than, say, indefinite detention? It’s obviously not implemented perfectly, but habeas corpus is uncontroversial at least in principle. I don’t see anything mechanistically unique about property seizure that would make this tricky to solve.
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Re:Police Cannot Seize Property Indefinitely After an Arrest...
by throwup238 on Sunday August 18, 2024 @01:41PM
(#41283865)
> I don’t see anything mechanistically unique about property seizure that would make this tricky to solve.
One of the mechanics at play is suing the property itself, which can’t defend itself for rather obvious reasons. That side steps any property rights with jurisdiction in rem: https://en.m.wikipedia.org/wiki/United_States_v._%24124,700_...
IANAL but it’s as stupid as it sounds and it’s been controversial (i.e. United States v. Approximately 64,695 Pounds of Shark Fins)