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A comment on Police Cannot Seize Property Indefinitely After an Arrest, Federal Court Rules. Parent comment
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)
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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)