-Caveat Lector-
-----Original Message-----
From: Dan Syes <[EMAIL PROTECTED]>
To: [EMAIL PROTECTED] <[EMAIL PROTECTED]>
Date: Friday, January 15, 1999 10:02 AM
Subject: [InTheShadows] Court kills suit on seized property
>From: Dan Syes <[EMAIL PROTECTED]>
>
>Wednesday January 13 11:02 AM ET
>
>Court Kills Suit on Seized Property
>
>By LAURIE ASSEO Associated Press Writer
>
>WASHINGTON (AP) - Police who seize someone's property during a search do
>not have to provide information on how to
>get it back later, the Supreme Court ruled today.
>
>The court voted unanimously to kill a California couple's lawsuit over
>the difficulty they had recovering cash taken by police
>during a search of their home.
>
>Justice Anthony M. Kennedy wrote for the court that when police seize
>property under a search warrant, due process requires
>them to give notice that the property was taken. Otherwise, the
>property's owner might not know who took it, he said.
>
>But Kennedy added, ``Once the property owner is informed that his
>property has been seized, he can turn to ... public sources
>to learn about the remedial procedures'' for recovering the property
>later.
>
>``The city need not take other steps to inform him of his options,''
>Kennedy said.
>
>Lawrence and Clara Perkins' home was searched by police in West Covina,
>Calif., in May 1993. The couple had rented a
>room to a man linked to a shooting death elsewhere in the town.
>
>Among the items seized from the house was $2,469 in cash belonging to
>the Perkinses.
>
>No one was at home when the house was searched, but police left a note
>saying they conducted the search under a court
>warrant. The note included a list of the items seized and contained a
>phone number to obtain further information.
>
>Lawrence Perkins called the number and was told he needed a court order
>to get the money returned. Later, he was told there
>was nothing at the municipal courthouse under his name and that he
>needed a case number or search warrant number. No city
>employee told him how to find those numbers.
>
>The Perkinses sued the city in 1993, saying the search violated their
>constitutional rights. The city returned the cash in
>mid-1994.
>
>A federal judge ruled for the city, but the 9th U.S. Circuit Court of
>Appeals said the city violated Perkins' constitutional rights
>by giving inadequate notice on how to recover the cash.
>
>Today, the Supreme Court said the appeals court was wrong.
>
>To uphold that ruling, ``we would be required to find that due process
>requires notice that not one state or the federal
>government has seen fit to require,'' Kennedy wrote.
>
>His opinion was joined by Chief Justice William H. Rehnquist and
>Justices John Paul Stevens, Sandra Day O'Connor, David H.
>Souter, Ruth Bader Ginsburg and Stephen G. Breyer.
>
>Justice Clarence Thomas, writing for himself and Justice Antonin Scalia,
>agreed with the result.
>
>The case is City of West Covina vs. Perkins, 97-1230.
>
>
>------------------------------------------------------------------------
>To unsubscribe from this mailing list, or to change your subscription
>to digest, go to the ONElist web site, at http://www.onelist.com and
>select the User Center link from the menu bar on the left.
>------------------------------------------------------------------------
>InTheShadows (formally the list known as exploration) is a discussion list
dedicated to keeping up-to-date with new technologies, advancements in
medicine, environmental concerns, 'conspiracy theories', politics, and, of
course, UFO stuff. Discussion is encouraged. Bashing and soapboxing will
get you bounced off the list.
>
>To subscribe to InTheShadows go to:
>
>http://www.onelist.com/subscribe.cgi/InTheShadows
>
>You can write me at: [EMAIL PROTECTED]
>List Moderator: Hilary Thomas
>
DECLARATION & DISCLAIMER
==========
CTRL is a discussion and informational exchange list. Proselyzting propagandic
screeds are not allowed. Substance�not soapboxing! These are sordid matters
and 'conspiracy theory', with its many half-truths, misdirections and outright
frauds is used politically by different groups with major and minor effects
spread throughout the spectrum of time and thought. That being said, CTRL
gives no endorsement to the validity of posts, and always suggests to readers;
be wary of what you read. CTRL gives no credeence to Holocaust denial and
nazi's need not apply.
Let us please be civil and as always, Caveat Lector.
========================================================================
Archives Available at:
http://home.ease.lsoft.com/archives/CTRL.html
http:[EMAIL PROTECTED]/
========================================================================
To subscribe to Conspiracy Theory Research List[CTRL] send email:
SUBSCRIBE CTRL [to:] [EMAIL PROTECTED]
To UNsubscribe to Conspiracy Theory Research List[CTRL] send email:
SIGNOFF CTRL [to:] [EMAIL PROTECTED]
Om
