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