Appeals Crt Says Police Can’t Keep Your Stuff Forever After Your Arrest

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[@stevelehto]

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[@MaliciDWildman]

I have to correct you. You did not burn through chairs, you Ivan Drago'd the chairs (Rocky 4).

[@Echowhiskeyone]

The mesh chair are very comfy, but they have the same issue as lawn chairs of old, they stretch and pull apart. It may take a year or two, but the mesh will pull from the frame. I have had a mesh chair for 3 years and have to repair the mesh every six months. I love my chair, that's why I repair it.

[@chriskatz2355]

And i cant live forever.

[@wetcatkungfu]

I have enjoyed your videos for years, and even been shocked to randomly discover other people I know that watch. I truly appreciate your approach to ads, and as a large guy in yet another chair that's gone long past it's breaking point but hasn't been replaced because I'm just tired of throwing away money I finally look forward to my next chair.

[@joenorsworthy]

I was looking for an office chair for bigger guys. Thanks!

[@kennethng8346]

The DA probably said "you have no case, release them", and the police thought "we can still punish them by keeping their stuff". The process is the punishment.

[@JAbate-ub8ht]

Exactly.

[@kurtwetzel154]

If cops could keep your stuff for years and years or forever on a false arrest then bad cops would do that.

[@ryanbeyer9078]

contrary to popular belief, it's because our government runs itself like a business that's trying to obtain profits. the police, being part of that, were seeing dollar signs in the form of a raise

[@Nick-o-time]

​@kurtwetzel154 they literally were doing just that.

[@JoshShultzandKids]

Bad cops do do that… Kind of a lot

[@JohnTitor-fw8jr]

It took an appeals court to say that theft is wrong? Has an appeals court figured out whether British soldiers can be quartered in your home yet?

[@thedave1771]

That one is still iffy.

[@HariSeldon913]

Only if they are also drawn.

[@MrMartinSchou]

> Has an appeals court figured out whether British soldiers can be quartered in your home yet? Well, what does the 3rd amendment actually say? > No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. What if they aren't soldiers but airmen? Soldiers, in the US, are members of the army, and airmen aren't in the army - they're in the air force. In the navy they aren't soldiers either - they're sailors. Etc. I'm looking forward to the US Marine Corps quartering its troops in people's houses. Also, it says "house". So if you're in an apartment complex, you're also shit out of luck.

[@texdevildog9174]

3rd amendment does not restrict police being quartered in any house, only restricts troops.

[@HariSeldon913]

@@texdevildog9174 Would that include Imperial Stormtroopers?

[@GamesFromSpace]

And tens or hundreds of thousands of dollars were wasted by the police defending this ridiculous claim, instead of returning somebody's property.

[@JoshShultzandKids]

Thank goodness! Otherwise we wouldn’t have this new precedent. The systems a bit stupid but that’s how it works.

[@johnsmith99997]

make you think how profitable it has been up to this point

[@Daves_Not_Here_Man_76]

it should ALWAYS come out of their pension fund.

[@Rick-np9vz]

​@@JoshShultzandKidsit's not new though! Just new to this generation who obviously refuse to learn from history! Or just don't care about individual rights!

[@JBloodthorn]

@@johnsmith99997 This was how the tiny podunk pd in my hometown 20 something years ago could afford to upkeep the free MRAP that they got from the military.

[@carrieholdthemaccountable]

I had my house broken into 20 something years ago. They arrested the person, and they found my stolen property. However, wouldn't return my stuff because I didn't have receipts for the items anymore. I had my stuff stolen twice. The system is a joke!

[@DecrepitBiden]

I had a sorta similar situation. Found some guy on Craigslist as roommates. I went to jail for 10 months, due to beef with my ex-roommate, not the current guy. The current guy stole all my stuff, like all the electronics. When I got out, I tried to have him arrested. Detective straight up tells me "What evidence". There's only me & him. He's gone, my stuff is gone. Hmmmmmm........... Lost all my possession, everything I've owned since 1990, including my 4 ferrets.

[@StarterVillian]

My dad was a dirty cop and his house was stuffed full of stuff that was stolen from the citizenry. He had a special affinity for their guns

[@Rkbmomma]

How about pictures of the items? Possession is 9/10ths of the law. Edit: and pictures work for insurance companies....

[@cobracommander9138]

@@StarterVillianYou mean he was a regular cop. A have a family member that’s a cop and he has a bunch of guns he confiscated.

[@coffeepeachesplans]

I had a feeling the police were the ones robbing everyone like all those louis Vuitton stores

[@drewb5738]

It shouldn’t take an appeals court to force the cops to return your property. This isn’t America anymore.

[@Cheepchipsable]

Was it really ever any different? It just we hear about it more. This on had to make it through several courts to come to your attention. What percentage of legit cases get that far? The fact it seems so widespread and seen as nothing out of the ordinary by the cops tells me it's been happening for a very long time.

[@joeuser633]

Enough with the "anymore" nonsense as if these abuses just started recently. This has always been the case but without cell phones and the internet around to expose them, they could always get away with pretty much anything with impunity.

[@demetricklouis5710]

The Constitution is less a legal document and more an ancient relic these days.

[@steveladner4346]

They will ignore the court ruling because we have zero accountability.

[@hiclite]

This crap that courts spew about *officer protection* and *officer safety* needs to stop. It’s being used to circumvent accountability. Enough already!

[@peterfitzpatrick7032]

The lower courts in most countries don't bother to adhere to Constitutuonal law, the judges are appointed as a matter of political favouritism... Here in Ireland, our district court judges often give outrageous sentences in leniancy and also punitive... See also, The latest UK case of a guy posting on social media, a pic of "muslims" and captioning it "Coming soon to a town near you !" was sentenced to 18 months in prison !! People are going to start pushing back at these immoral rulings...😒

[@jpnewman1688]

@@hiclite really.. But how many times did you VOTE for your masters then cry like a little baby at the STUPID prizes?? 😂😂😂

[@jpnewman1688]

@@peterfitzpatrick7032 really.. 😂😂😂😂😂😂😂😂

[@MonkeyJedi99]

Officer safety is covered by their body armor, their weapons, and their ability to summon reinforcements. Or, and this is crazy talk, they could quit and find a safer job. And yes, I would like fries with that, officer.

[@scottlemiere2024]

@@MonkeyJedi99 police work isn't even remotely dangerous. The last year I can find a top 25 on is 2020 and they were listed at number 22. Landscapers have a more dangerous job. Janitors are higher on the list. It is more dangerous to be a FARMER than a cop. And here's the real kicker: to get them to number 22, they had to EXCLUDE anyone other than patrol officers from the count.

[@jilbertb]

The lady who lent George Floyd her car, had her car held FOUR YEARS. She only got it back after she got the local TV News involved, of course. 🎉

[@kenyattaclay7666]

In that instance there actually was a legitimate reason for them to hold onto the car because it was part of the whole case against the officers and there were several officers that were going to trial. I doubt the media had anything to do with her getting her car back & had more to do with everyone involved had their cases adjudicated.

[@thedave1771]

How sad is it that the local news has become the arbitrator to access to justice?

[@adeyinkaowolabi8229]

​@@kenyattaclay7666No, there was not a legitimate reason to keep it. They were not bringing the physical car into court for each case. Holding onto it served no purpose after they did the original searches and forensics. The car itself was not a part of dispute and did not need to be preserved for any reason.

[@isaacclark9825]

@@kenyattaclay7666 The Floyd case was long over by the time she received the car just a few months ago. The folks involved are already in jail. There was no reason to hold the car that long. Station KSTP reports that police returned the car after they made inquiries on behalf of the car owner. Yes, the police did claim that there was an ongoing investigation, but they rolled right over once the media asked questions and gave up the car within a week. You can believe what you will, but the facts support exactly the opposite of what you believe.

[@kenyattaclay7666]

@@adeyinkaowolabi8229 yes actually it did swerve a purpose. You do realize that often times they have to go back to a pice of evidence more than once even if they don’t bring the actual car into the courtroom. If they had given the car back & needed to go back to the car between trials & they had given it back to the owner then any evidence they would’ve been looking for couldn’t been comprised. Also, maybe they wouldn’t have brought the car into the courtroom but they could’ve brought the jury to the car. They also could’ve brought sections of the car into the courtroom. Sorry but there at a million & one legit reasons to hold onto the car in this case.

[@Sunstar808]

This ruling is needed. Cops can falsely arrest you for retaliatory reasons, knowing charges won’t stick, but they can inconvenience you by seizing your property for unreasonably extended periods of time.

[@jpnewman1688]

@@Sunstar808 really.. But let's keep VOTING for the RACKET then BEG for CHANGE.. 😂😂😂

[@glintinggold]

Let's see how that changes or doesn't here in the coming days.

[@julieproctor6039]

Yes, that's retaliation for protesting

[@DedmanReactin]

This happened to me!!! I was arrested, taken to jail, and they took and kept my wallet.. NEVER got it back.. took me almost a year to get my I.D. and ss card, and birth certificate.. i was pissed, an they said they had no legal reason to give it back... It "ain't" cool man!!

[@davidbilich1708]

Well you didn't have your ID card how could you prove it was you? /s

[@DedmanReactin]

@@davidbilich1708 exactly.. took me a year to prove I'm me.. was bullcrap!

[@littlelady3450]

Some would've forced them too...for officer safety. FA...FO

[@bmacaulay18]

How or why the idea that they could keep your stuff indefinitely has to be questioned is mind boggling. That should never have been a thing. Scumbags, everyone of them.

[@flakesinyershoe8137]

It's not mind boggling at all when you realize society is literally so lazy they would gladly trade every single freedom for the ability to stay on the couch. The alternative is a lot of work, it's much easier to trade a few hunter brittains and Andrew finches for our safety.

[@stingstungmemae1297]

We have some stupid cops and even more stupid judges.

[@Jirodyne]

That isn't the issue. The issue is that YOU have to fight them, wasting YOUR time and money. ANY lawsuit between Citizen to Government should force the GOVERNMENT to pay for all costs and cover any money spent on the lawsuit within 30 days of the lawsuit ending in a win of the citizen, before appealing. And if they lose on appeal, they again cover all costs AND have to pay the citizen $1mill in damages for wasting time on the appeal. And if they Appeal to SCOTUS, and SCOTUS refuses to see the case, or the government loses, then again, the Government pays all costs, pay $1 mill to the citizens, AND on top of that the Prosecutor SPECIFICALLY has to pay out of pocket ANOTHER $1 mill themselves to the citizen, out of pocket, for their greed, stupidity, and ignorance.

[@sealand000]

@@stingstungmemae1297 They're not stupid; they just want to control you.

[@post-leftluddite]

It's because 99.99% of judges are authoritarian A**holes. Research has shown that the criminal justice system overwhelmingly attracts individuals with one or both of the following personality types: 1) Right-wing Authoritarian Personality type 2) Social Dominance Orientation Research has shown that the overwhelming majority of individuals who want to be AND become judges, prosecutors, and especially police have one or both of these personality types. To keep it short, you can google those and look up their characteristics, but basically they read like a list of the traits you would NEVER want someone with authority to have....and yet, those are exactly the people most attracted to authority. It has been argued that this attraction could be one of the major reasons why no matter whether the judges are conservative or liberal, they have presided over the NET loss of freedoms and civil rights over the past 200 years. Overall, American judges have presided over the erosion of the bill of rights to such a degree that it is arguable that colonists in some respects, had more protections than we do today. For example, even when British soldiers could search homes without a warrant, they still could only do it during daylight and had to wait for the occupant to respond....much different than the current "smash the door in, shoot the dog, and hold guns to the heads of children" we are all familiar with. It gets even worse when it comes to drug cases. With only 32 drug cases beginning in the 1960s, the federal courts have managed to do more damage to the 4th amendment than in all the cases in the previous 200 years!!!! BTW, 98% of no-knock warrants are "drug related" so ending drug prohibition would largely stop them. Back to the original topic, it's basically a situation in which the worst people are the ones who want positions of authority.....see how thst could be a fundamental issue?

[@spillagonner]

And the police wonder why nobody likes them.

[@KiithnarasAshaa]

Now they just need to stop the cops from taking your stuff without even arresting you in the first place.

[@jamesanthony8438]

1.1K Likes, 24 Dislikes Apparently, 24 "bullies with badges" don't like this verdict.

[@JohnTitor-fw8jr]

100% of cops are dirty and corrupt. 24 of them watch this KZbin channel.

[@iamnotafraid]

To be fair, some people are incapable of watching a video unless there's random unrelated gameplay being shown while the person is talking, or a brain rotting meme playing at max volume every 3 seconds. With his simple video format, it's most likely just a bunch of mouth breathing knuckle draggers disliking it. Or maybe bots.

[@DaveBigDawg]

I look at the dislike aka thumbs down as they don't like this kind of content but not necessarily the story

[@jeromethiel4323]

Painting with a broad brush. People (just like you and your post) love to place blame and impute motives not in evidence. It's just tiring. I've been accused of being "an appologist", "jack boot licker", "neo nazi," etc. Just for posting a contrary opinion on a video. In fact, the "jack boot licker" was just last week, on this channel. Completely ignoring the fact i was VERY plain in my post i did NOT approve of or question the misbehavior of the police in question. But because i dared to question if the person abused by the police could not have averted the issue had he provided ID. It's a simple question, and instead of addressing the argument or the opinion, imputed that i LOVE the taste of jackboots.

[@iamnotafraid]

@@jeromethiel4323 It's not that serious and nobody cares, my dude.

[@dougbotimer8005]

Too many police, prosecutors and corrections officers and officials feel they have the power to judge and punish “offenders” in the course of their job.

[@coffeepeachesplans]

That's true

[@dougbotimer8005]

@@coffeepeachesplans sadly huh

[@coffeepeachesplans]

@dougbotimer8005 yes the good thing is that we have real judges though

[@NoNonsense316]

A lot of cops think of themselves as Judge Dredd - judge, jury, and executioner, all rolled into one.

[@HippieLongHaired]

Don't forget court clerks!

[@lilwoody4789]

My son had a unique pistol stolen 6 years ago. It was recovered 6 months later. He was notified of the recovery and told it would be returned. He still doesn't have it. The run around he has gotten is mind boggling.

[@cobracommander9138]

Some cop has it in his safe. I know a lot of cops and they have guns the confiscated in their safe. No one holds them accountable.

[@lilwoody4789]

@@cobracommander9138 yup

[@sgjobe]

13 years later...I received a random call from sheriff's office evidence room about returning recovered stolen property to me.

[@johnpublic6582]

Get a lawyer and bring a complaint. I had to in order to get my stuff back. Only took about a month after filing because secure location and transport and reasons.

[@scottlemiere2024]

@@johnpublic6582 "secure location," some cops home," transport, "cop remembering to bring it in with him under threat of arrest."

[@jscheman]

I am surprised they don’t try to argue that once they seize a person they don’t ever have to return the person to the public.

[@stratocastergirl]

Priceless! 👍🏼😆

[@littlelady3450]

Fr fr

[@markrussell4682]

Why should any American have the least bit of respect for the Judicial Branch?

[@jpnewman1688]

@@markrussell4682 if you VOTED, you can't cry about the STUPID prizes from your masters.. 💯💯😂😂😂

[@jupitercyclops6521]

The judicial branch is just as corrupted as the other 2, and that's full on corrupted to the core. There is no separation of powers because the 2 other branches appoint key members of the 3rd. Courts number 1 job is to protect our rights. Courts consistantly rule in favor of gov over reach & officer safety vs our rights. Courts gave themselves the power to interpret the constitution (which was written in english.) Now they interpret things that were already written in English to mean ridiculous nonsense. Speech doesn't equal money. Corporations are not human beings.

[@screwitimout4920]

​@@jpnewman1688 you do know a whole bunch of those judges are appointed not voted in

[@jpnewman1688]

@@screwitimout4920 of course... But who VOTED for the gangsters that appointed them?? GODS?? 😂😂😂

[@MonkeyJedi99]

@@jpnewman1688 Go away trollmen

[@Reverend.John_Ignatowski]

The real question is how much taxpayer money was spent on defending this laughable stance?

[@demetricklouis5710]

Same as if there were no case. Police aren't paid by the arrest, judges aren't paid by the case, and DAs aren't paid based on how many times they decide to press charges. Court hearings don't change how much they much they make. Without a ruling for damages, the only burden being carried by the taxpayer is that which they carry for standard government services.

[@jimhaines8370]

They want to auction stuff off and make more money

[@piewhackit2me]

AKA Policing for profit

[@NoNonsense316]

If they're the ATF, confiscated items scheduled for destruction have a higher-than-normal chance of finding their way into an agent's personal collection.

[@glintinggold]

@@NoNonsense316 Alphabet bureaucracies need to GO. Especially if they've been found to be predatory.

[@NoNonsense316]

@@glintinggold Agree completely!

[@Mike-gc9ih]

What is sad is for a citizen to get justice they have to pay an exorbitant amount of money to a lawyer to get justice 😢 No money no justice!!!

[@jerrymerryfield6551]

That is what 2A is for

[@TomsBackyardWorkshop]

I don't have to imagine getting arrested. I was framed for arson by a sheriff when I was a teen.

[@westernbody]

Hopfully, evidence proved otherwise

[@EnthalpyAndEntropy]

I’ve been subject to a false arrest and bogus, malicious prosecution. Cop thought he was teaching me a lesson. I learned something alright… how to do chemistry and physics at industrial scale.

[@JohnDoe-qz1ql]

An as you yourself have seen it's MUCH easier that society attributes it.

[@Daves_Not_Here_Man_76]

I was once attested fore not being insane. A LEO insisted I needed to get a psych evaluation. After showing I had one done and I was insane, I was arrested for not seeking out mental health treatment. I beat that one in court. Later the LEO was arrested for breaking into the probation office and using the breathalizer. She left a .234 on the machine and was on film driving away.

[@luck484]

Can you tell me more about that experience?

[@michaellowe3665]

A child could figure out what is meant by the 4th amendment. These people are willfully corrupt.

[@CZpersi]

Tbh, the use of word "effects" for the person's "posessions" (among others) may be confusing and even many native speakers of English would likely struggle to understand, what it means in this context.

[@tomperkins6389]

Cops take your money via CAF at a traffic stop with no probable cause, no warrant, no grounds. But you're not arrested. Never charged. Yet they keep it and it can cost you a lot of time, energy, and money to try to get it back with no guarantee you will. Under this ruling, this interpretation of the 4th amendment they should return it immediately or charge you with a crime. I'd interpret all this holding of property as punitive absent any formal charges. You're being punished by the withholding of your property even though there's no basis. Disgusting.

[@glintinggold]

That's actually a brilliant point!!!

[@scvcando]

I HAVE TO THINK THAT MOST OF THE TIME IT'S 100% BEING HELD FOR RETALIATION REASONS!

[@scottlemiere2024]

@@scvcando caf is not retaliatory: caf is all about greed. They can take the proceeds from it and buy things they aren't allowed to buy with their government funding.

[@jimanyon8143]

"Arrested during a Protest" Guess why the phones were kept. The police officers should get charged with 1. Amendment retaliation.

[@Terran.Marine.2]

We're the phones being searched for proof of conspiracy or something?

[@rarefruit2320]

@@Terran.Marine.2I never heard anything about a search warrant

[@timdowney6721]

@@Terran.Marine.2 Since the oinkers didn’t bother to get a warrant, they should not have searched them. But they’re cops, so yeah, they did.

[@letstalkaboutit8254]

What Steve was talking about is fairly minor gov. theft compared to the really excessive action of Civil Asset Forfeiture, otherwise known as legalized gov. theft.

[@ehqwk]

@@Terran.Marine.2You cant "conspire" to exercise freedom of speech. Even then an investigation does not take over a year to complete.

[@Hanshotchewie]

Its even worse how those items can just disapear or be auctioned off with no concequence. I knew a guy who worked for the lansing police departmen. He was telling me about how all the guys take stuff from the storage warehouse of siezed items all the time. Said if they did a drug bust and the home happened to have a large flatscreen and game console, they would take it under "it might have been used in a crime" logic. He even asked me if I wanted a tv and ps3 because he could get me one for free..... I didn't want any part of it. Thankfully the guy quit because he couldn't handle the corruption anymore. I bet it happens nationwide though.

[@Rkbmomma]

When the cops arrest someone for DUI they confiscate any & all liquor in the vehicle & put it in the squad car trunk then transfer it to their own vehicle & party with it after their shift with other cops.

[@nowake]

@@Rkbmomma imagine if some of that alcohol was not suitable for human consumption...

[@the_omg3242]

@@nowake Then they'd charge you with reckless endangerment. It's your responsibility to make sure that anything they steal is suitable for it's intended use.

[@johnratfink7343]

I hate to say but it does. It's regarded as just one of the little perks that comes with the job.

[@GarackTheMad]

They needed an appeals court to tell them that?

[@donnie82071]

Right! Blows my mind. I might’ve missed it, but I didn’t hear a specified time on when they could return your stuff either.

[@EvanAnderson81]

No, they need the appeals court to force them to do that.

[@scottlemiere2024]

@@EvanAnderson81 SCOTUS can't force the cops to do what they are supposed to, what makes you think a appeals court can?

[@I_AM_BAYTOR]

That won't stop em from trying.

[@EnthalpyAndEntropy]

Proper application of the second amendment would.

[@I_AM_BAYTOR]

@@EnthalpyAndEntropy Oh definitely, and I hope we see an uptick.

[@davidlazerz8564]

Turns out the police aren't the "good guys".

[@coffeepeachesplans]

Some are it's just the lazy ones that want to be popular like in high school that think they can do whatever they want

[@luck484]

The system design is that the police are, in fact, the good guys. My problem is the system does not works as designed. I am encouraged by the fact that police that break the law are still an interesting and compelling story and not the status quo to the point that all citizens expect the police to be corrupt.

[@NoNonsense316]

I hope this did not come as a surprise to you. 😂

[@johngalt97]

They can be expected to game the system for their benefit, mostly career advancement. Simple incentive behavior.

[@fs127]

@@luck484 It's only an interesting story to you because you don't pay enough attention. Just because you aren't a soft target doesn't mean it isn't the status quo.

[@kellidinit3725]

Ok, but how do you get your possessions back? If you have to hire an attorney to sue, this law does not help the average citizen.

[@johnratfink7343]

The law is meant go punish and defraud, not to "help".

[@zatoth13]

If the courts ruled to give it back, they cannot sell it later to get frozen daiquiri machines.

[@fishyfool]

What about lost value? Say you have a new iPhone and it's seized. The police have it for 18 months and you have to sue to get it back. 18 months down the road it's not the new iPhone anymore, it's last gen and now the latest and greatest has replaced yours. Do they owe for devaluation if they held your property for an unreasonable amount of time?

[@moldyzucchinis3251]

of course not. because this system isnt designed to be fair to citizens

[@EchosGrove]

Also what about people who use their phone for work, lost work opportunity should also be considered. With the reporter having their camera taken is another example.

[@scottlemiere2024]

@@EchosGrove nope, you get none of that either.

[@FantomMisfit]

Iphones are trash though no value 😂

[@azuth11]

It is staggering how much tax dollars the government has to waste just to figure out "Thou shalt not steal."

[@Nick-o-time]

It's funny how the constitution and the bible both condone slavery, and somehow you're trying to use either as some moral compass.

[@roadiez1]

They(government of any level) would rather spend $100k on a case involving $20 or so just to rack up another WIN! Then want a higher budget or raise income, property or sales taxes because they say we don't have enough money to do the correct things like providing fire protection, upkeep of parks or any other city, state or federal property.

[@azuth11]

@@Nick-o-time It's funny how slavery was a human universal for thousands of years, but you who were just born gets to feel moral superiority to the entirety of human history.

[@Alverant]

That never stopped churches from stealing.

[@nicwelch]

@@AlverantExamples?

[@frankdoss6313]

With that definition seizure, they don't have to release people lawfully arrested.

[@twentyfiveyears5010]

Exactly. An arrest is also a seizure under the Fourth Amendment. Imagine arresting someone, telling them hours later they are "unarrested" with no charges, but they are going to continue their seizure by keeping them in jail for a year or more "just in case."

[@coffeepeachesplans]

Correct in which case they get their property in the jail for their trust fund

[@Cheepchipsable]

There are several definitions, but I would think it was implied the state doesn't own the items, and are merely holding keeping them for safe keeping or evidentiary purposes. They are not debtors seizing items to reclaim a debt.

[@TransNeingerian]

Is there a cop that hasnt broken the law or reported/not covered up for another cop breaking the law?

[@Nick-o-time]

No

[@einyv]

Can the plantiffs sue for attorney fees since the state lost at the appeals court?

[@coffeepeachesplans]

Yes but usually the court awards them automatically just depending

[@einyv]

@@coffeepeachesplans thanks

[@OwlWhite12]

One word.. theft

[@markmiller5606]

Wow, just WOW! This is exactly why LAWS and the Constitution was written!

[@coffeepeachesplans]

Yep

[@victorygarden556]

LOL 😂 the constitution was written to stop abuse, and to rectify afterward, sure, but really it was supposed to stop abuses

[@NoNonsense316]

Law enforcement officers, often, don't trouble themselves with silly, little things, like the Constitution.

[@coffeepeachesplans]

@NoNonsense316 well they ought to but then again they said they need all communities to help them uphold it so that makes sense

[@aranmurphy1]

Cork-soakers stole my glock half a decade ago, still wont give it back...pretty sure someone just took it home.

[@joshfly210]

It’s ridiculous that a prosecutor used a lot of tax payer money to defend this and force someone to hire a lawyer and fight this to the court of appeals. Also how are so many lower courts this bad. They’re just as bad as the prosecutors if not worse sometimes.

[@thefamilymans2545]

Especially since the charges are dropped, the government shouldn't keep ANY property from the arrest.

[@jppalm3944]

72 hours maximum. With fines to jurisdiction holding The items. With 200 Dollars a day to owner

[@scottlemiere2024]

They would just start hitting everything with civil asset forfeiture to get around it.

[@janwells2199]

If they keep your keys, you have no choice but to get all your locks replaced!

[@majwor3763]

They KNOW they should return the stuff....they are just trying to keep the stuff OR make it difficult for people to reclaim it.

[@borabora4480]

How do these individuals recover their legal and devalued property costs?

[@thedave1771]

That’s a “you” problem. And that’s the point.

[@PW.Skyline.V37]

@@thedave1771yeeeep. And it’s BS.

[@jimhaines8370]

@@thedave1771and the government knows that so keeping and selling is standard

[@JohnMcClain-p9t]

I am reminded of the case of "Shylock" from my childhood reading.

[@coffeepeachesplans]

Cite that case

[@CptColumbo]

The police tried to let them know they could pick-up their phone, but no one answered when they called. :)

[@skittlemenow]

There should be some sort of compensation for citizens who's property was held illegally by police departments for any length of time after they release the citizen. Though I fear qualified immunity would prevent that. Those police chiefs in charge of the departments that hold that property like that should be held on criminal charges.

[@larrywest42]

Qualified Immunity shields individual cops (or public officials) from liability, not the police department or the city.

[@NoNonsense316]

Yes, the "takings clause" of the 5th amendment covers that bit about compensation. But, law enforcement hasn't cared about the Constitution for quite some time; why start now?

[@compirate]

but if you're not charged or found innocent, doesn't that make the arrest invalid?

[@Nick-o-time]

You are never found innocent in court. The best you can be is exonerated.

[@larrywest42]

No, not in itself. You may be an obvious suspect: say, the husband of a murdered wife, found with her blood on his hands, and no explanation. That he was later found not guilty doesn't mean the arrest was invalid.

[@douglashoward-t8o]

The definition of theft does not say unless you are police.

[@blechtic]

They're armed so it's robbery.

[@yt650]

A little known Secret, many of the things that are held after trial that are not supposed to be returned are stolen by law-enforcement and many times the sheriffs department. This happened in my area and they caught the deputy sheriff selling stolen guns from the evidence room regarding cases that were settled years ago. It had been a 20 year practice at least according to a federal firearms dealer who was a friend of mine. He had been buying guns he said for 20 years from them off and on. Strangely enough the deputy was convicted imagine that.

[@johnratfink7343]

This is widespread and common. Christmas is a time when "taking" happens regularly.

[@djfassler]

Gee, so nice of the courts to spell that out to those who “protect and serve”.

[@Canaris_Kiss]

What about $800 Air Rifles, which was never used in a crime?

[@RandyMUNSOn-fe2tb]

Some cop's kid is enjoying that

[@johnratfink7343]

​@@RandyMUNSOn-fe2tbyup. I turned a very expensive long board into the small town police where I live. Very distinct design. A couple of days later I see one of the local coppies kids riding the exact same model long board at the park. Weird right?

[@cypeman8037]

We need a court to make this decision?

[@coffeepeachesplans]

Yes the judges can order the police to prison

[@donnie82071]

No shit! Right

[@cypeman8037]

​@@coffeepeachesplansYeah, that's going to happen. What do you do if the police don't do as the judges say? Phone the judges and suddenly it'll be immediately FedEx to you.

[@coffeepeachesplans]

@cypeman8037 no the judges will audit them for compliance and the officials will phone the judges like me

[@scottlemiere2024]

@@coffeepeachesplans prosecutor would have to charge them first and that ain't gonna happen.

[@jacobemerson8015]

I know a guy who got into an alteration with his ex-wife's then boyfriend after being called to her house , he got shot as soon as he stepped out of his truck, so he shot back and killed the guy. As far as I know the case is closed and everything settled, but his truck is still sitting in the county impound 5+ years later. THP still has a car of mine they took until the outcome of a court case, once it was finally settled 2+ years later they finally let me get the belongings out if it, but claimed they were going to keep the car "atleast" 3 more years "incase anything else comes up"

[@valentinius62]

Reminiscent of one of the reasons they always want their ID crack straight off during every single encounter with people. They want your info just in case a crime took place in that vicinity at around the same time period you were there. Then you're someone they can pin it on if they have no one else. I learned that from a retired NYPD cop.

[@jppalm3944]

Even if found guilty! They should return all property not associated with crime

[@josematanzo5879]

And you wonder why people don’t like police

[@gangofgreenhorns2672]

Seems plenty arguable whether to arrest a journalist, when you dont charge them with anything.

[@hollykeefer6103]

Me screaming as you're talking,"just give it back!".. Seriously, do we need to get legislatures to make laws just for this🙄.? This is ridiculous!

[@MrManAmong]

They'll just say your stuff was "misplaced" or they'll intentionally destroy your stuff out of retaliation.

[@stephanreiken9912]

They keep your stuff forever without an arrest.

[@Zulu55far]

Why do they have to let you go if the same laws let them keep your stuff indefinitely. You are deprived of personal property without compensation. Your phone will be old technology.

[@fieryweasel]

But...but...the cops would rather THEY have your stuff!

[@CeanStrauss]

Sure. But not because they want it, it's because they don't want you to have it. It's purely punitive, like most of what they do to people.

[@johnratfink7343]

​@@CeanStraussno, its also because they want it. Cops steal stuff from evidence ALL THE TIME!

[@nolongeramused8135]

"Is that the new iPhone? Sweet, I was actually going to pay for one but yours will do fine."

[@evlkenevl2721]

This is like someone borrowing a mower, saying they'll return it when the lawn is finished, then keeping the mower and always using the excuse that the lawn isn't done yet. Theft is theft.

[@poppyd9758]

When are these people going to be charged with deprivation of rights and when are they going to jail?

[@ateamfan42]

pretty sure qualified immunity will see that those things never happen

[@GlennJackson-d8e]

It is amazing that obvious things like this are ever argued in court.

[@jimmygrant424]

Does that include the $60 they stole out of my wallet??

[@bubbajones4522]

No as they can force you to apply that money towards them locking you in a cage. This is regardless if you're guilty or not.

[@btorr2945]

Donuts cost money.

[@coffeepeachesplans]

Yes

[@BlackSheep_216]

She stole it! Not him. She made up a story, blamed him, and got her mother to feel bad and give her money. Last conversation we had.

[@leonardsmith1175]

I wonder how much money was spent to say 'you can't just keep my sh*t for no reason'.

[@lelandunruh7896]

The definitional argument is exactly where my mind went first. Good to see an appellate court get obvious things right every once in a while!

[@RandyMUNSOn-fe2tb]

Still have three car titles for cars no longer in my possession. I went to court (trial) and by the time taken to get out of jail, they were sold at auction. All three time I was found not guilty.

[@JAbate-ub8ht]

Oh, they love those auctions!!! 🤑

[@glintinggold]

That is a distinct 'pattern of practice' and the feds should be pushed to investigate.

[@cyrilvankeirsbelk7299]

The government would not keep stuff if we could charge them rent for unconstitutionally held items.

[@rosewinter8693]

Arrested, speedy trial but govt can keep what you were carrying forever?…🤔🙄😒

[@NoNonsense316]

Yup, that is correct!

[@snoopdogie187]

What is a speedy trial? Trail can go on for years as long as you can make bail.

[@rosewinter8693]

@@snoopdogie187 trial goes clear to the end, like all paths!

[@khrfx4715]

The law should simply say, "when someone is no longer in custody they must receive their property back immediately --- PERIOD". This is called common sense, which the law often ignores or gets wrong.

[@williampage622]

And the government wonders why it is not trusted and is so disrespected.

[@coffeepeachesplans]

In California they keep it in a safe and IF they destroy it like sac sheriff claims they have to provide a receipt

[@lizcollinson2692]

If the government siezes you car/house keys/jewellery/phone/underwear .... a refuses to return it forever ... This is what they are arguing for.

[@bpdmf2798]

This needed to be ruled on? Really?

[@Chris-i9u]

16:20 you can beat the charges, but you can NEVER beat the ride. 💯

[@jw0stephens]

This dances up to the asset seizure question which is criminal behavior on the part of the police. As a rights violation in the class of DUI checkpoints. Both were started to address drug trafficking and drunk driving murders. But I think that needs to be readdressed and rolled way back.

[@alastermyst]

Change my mind: The judges whose ruling this overturns should be charged and sentenced to prison since that is the standard citizens are held to.

[@kamilegier4730]

No one ever asks the police/government why they want to keep such property.

[@gregorythomas333]

Can the victim actually report the property as STOLEN to various law enforcement agencies...ie Sheriff's department, State police and/or the FBI? The property is out of the victim's possession against their will and against the 4th Amendment as of the moment they were no longer under arrest.

[@johnratfink7343]

I agree that that who of be the case, but I laugh at the possibility of the thin blue mafia ever turning on their own. Because if one of them was punished for something that all of them do....

[@IaIaCthulhuFtagn]

Just tell a conservative judge that it could set precedent for returning seized guns.

[@Alverant]

That would depend on what race the plaintiff is.

[@crackerjack010101]

The fact they can seize and keep and have some sort of ‘logic’ (using that term VERY loosely) supporting keeping it forever, or until they decide to return it (does that ever really happen??) is INSANE!! I’ve never seen you do an ad before. Imma have to consider that office chair now lol

[@jeankappelmann350]

That sounds a lot like civil asset forfeiture.?????

[@barbarabrooks4747]

It's about time! If there is a dispute, I think there should be a Small Claims Court with NO attorneys allowed. The DA should take photos and forensic evidence. When criminals are convicted, often family members spend a great deal of money traveling to the prison and lose the legitimate income to support children. Property should be returned to family, especially items of value, if the sentence is long, but for short sentences, they should get I back the day he is released. We need a landmark case to strike down civil asset forfeiture once and for all! Nobody should have to hire an attorney to get his property back.

[@philcamp8621]

THE SHAME is that this kind of shit happens in what used to America!

[@Nick-o-time]

We used to allow people to own other people. It's always been this way.

[@scottlemiere2024]

@@Nick-o-time we still do, we just call the new plantations private prisons.

[@tester3x]

It's amazing that government ribs on our money and we are paying for crap like this.

[@dragonsguardianofcrystalhearts]

What about if someone was sentenced for a lengthy amount of time and the courts seize the property but after the person gets out and wants it back.. what can they do? Thanks for your time and wisdom.

[@peggyh8937]

This is the kind of case that really pisses me off. How can this be seen as anything other than retaliation? Why would they spend tax payer money to defend a case like this...and for the court to dismiss the case?!!! Absolutely infuriating!

[@onesunghero]

When they arrest homeless people they refuse to return any food that person may have had.

[@tyrport]

“I’ve never been arrested, but I’ve seen it on TV.” That’s funny. 😊

[@claybear1199]

I was recently arrested for the first and hopefully only time but when they gave me my clothes back it did not include my socks and underwear. I had to walk around in steel toe boots and jeans all day with no underwear or socks. It was quite uncomfortable.

[@glintinggold]

They knew you'd appreciate that, the scumbags

[@LZeugirdor]

You know what the scary part is about all this? You have no control or knowledge of any backdoors or modifications they've made to your device. While they may never be able to use any evidence they get that way from the phone. You still can't comfortably use your phone and expect that you're not being spied on.

[@TheOrangeRoad]

"One Timex digital watch, broken. One unused prophylactic. One soiled."

[@BryanW0765]

Ha! Just watched that last night!

[@HopeisAnger]

A friend suggested I not think of them as corrupt law enforcement, and instead think of them as the local Warlord and henchmen. It helped frame the situation.

[@ianrace4066]

I went to pick up my phone ,wallet and money from the police and they said it was thrown away.

[@BCNeil]

It's illegal to destroy currency

[@coffeepeachesplans]

Demand a receipt also have them replace everything then including deprived use

[@coffeepeachesplans]

Like ur id

[@ianrace4066]

@coffeepeachesplans I tried the court threw it out and I didn't have the money to fight it.

[@stratocastergirl]

Lying thieves.

[@anthonyegreene]

"Nothing in this ruling prevents the government from retaining possession for LEGITIMATE law enforcement reasons." Judge all but said this was retaliation.

[@idristaylor5093]

Ben's keeping the LAW4NYC number plate company.