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(The Coloradoan)   You know how cops are always artificially inflating the potential proceeds in their drug busts? Well one guy in Colorado is suing the police for $210,000, for his illegally seized pot. Police to say this is exorbitant in 5..4   (coloradoan.com) divider line 9
    More: Spiffy, Colorado, Larimer County, Colorado  
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7038 clicks; posted to Main » on 09 Apr 2013 at 8:13 AM (2 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-04-09 09:21:24 AM  
2 votes:

ZAZ: poot_rootbeer

The car was held (as the pot plants are held in this case) for a law enforcement related reason. That gives the government immunity for negligent (or worse) acts of its employees. Coverage: http://www.thenewspaper.com/news/34/3490.asp, http://www.thenewspaper.com/news/36/3611.asp.


You know, I'd have also thought that taking a car for a joy ride would not fall within the scope of law enforcement duties, but what do I know.
2013-04-09 11:20:27 AM  
1 votes:

ZAZ: When his plants were returned, they were worthless because deputies had cut, bagged and failed to maintain them pending the trial's outcome, Young claims.

Under my state's law and federal law this would fall into the "detention of goods" exception to government liability. The government has no obligation to preserve anything it took from you. In my state cops stole jewelry off a guy they arrested and the police department was not liable. The feds seized a sports car, wrecked it going for a joyride, and didn't have to pay for the damage. Etc.


Yup. The cops in my hometown still haven't explained how my dad's radar detector was "lost" from the evidence locker in the PD's basement. It had been stolen the night my parents came home from one of their last trips to Colorado; the cops found it on a perp a few weeks later, charged him and seized the electronics as evidence. After the trial (say 6 months or so) nobody could find this device. That's one reason why I simply snicker when pigs (suited as well as uniformed) talk about the chain of evidence control. The stuff they return to families is the stuff nobody wanted for themselves.

The guy's going to get some lulz and maybe even some free drinks from people who hear the story, but he isn't going to see a penny from these pigs.
2013-04-09 08:59:58 AM  
1 votes:

ZAZ: The feds seized a sports car, wrecked it going for a joyride, and didn't have to pay for the damage.


Wait, really?

I can understand how there's no liability if they seize your pristinely garaged luxury car and let it get dented up a bit while sitting in an impound lot.

But going on joyrides is not a law enforcement duty, and I'd have assumed that such an action would not qualify them for qualified immunity.  Right?
2013-04-09 08:46:06 AM  
1 votes:

reillan: This is totally fair.  I mean, his 42 plants were seized illegally.  The cops should have checked the registry on those 45 plants before hauling all 48 of them out to their truck, putting 52 individual bags around them, and shelving all 55 out of light and with no food or water.  And let me tell you, 58 plants are going to need a lot of food, light and water.  Even though they returned his 60 plants at the end of the case, all 62 were worthless.


You, sir, win one internet!
ZAZ [TotalFark]
2013-04-09 08:39:44 AM  
1 votes:
When his plants were returned, they were worthless because deputies had cut, bagged and failed to maintain them pending the trial's outcome, Young claims.

Under my state's law and federal law this would fall into the "detention of goods" exception to government liability. The government has no obligation to preserve anything it took from you. In my state cops stole jewelry off a guy they arrested and the police department was not liable. The feds seized a sports car, wrecked it going for a joyride, and didn't have to pay for the damage. Etc.
2013-04-09 08:34:31 AM  
1 votes:
If the case is as presented in the press, I would love to see him win, so the forfeiture culture gets a setback.
2013-04-09 08:29:31 AM  
1 votes:
Sounds like a legitimate case. I wish him luck.
2013-04-09 08:26:10 AM  
1 votes:
This is totally fair.  I mean, his 42 plants were seized illegally.  The cops should have checked the registry on those 45 plants before hauling all 48 of them out to their truck, putting 52 individual bags around them, and shelving all 55 out of light and with no food or water.  And let me tell you, 58 plants are going to need a lot of food, light and water.  Even though they returned his 60 plants at the end of the case, all 62 were worthless.
2013-04-09 08:23:13 AM  
1 votes:
Hell, yeah, he IS using cop math! :-)

"Corry previously said his client expects to receive $5,000 per plant, based on what law enforcers have testified a marijuana plant is worth, in addition to attorney fees. "
 
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