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Car Forum / Driving, Maintenance, Tuning / Driving / August 2006

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slightly OT: Yet more seizing of property.

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Brent P - 24 Aug 2006 16:32 GMT
Found not guilty, found that recordings were legal, police/government still
can keep siezed CDs.

http://unionleader.com/article.aspx?headline=Police+property:+It%E2%80%99s+finde
rs+keepers+in+NH&articleId=c2807a58-75ed-4972-8ab9-caec6bbbb979


"The state Supreme Court ruled on Tuesday that the government can keep
and destroy more than 500 CDs taken from Michael Cohen, owner of
Pitchfork Records in Concord, in 2003 even though the state failed to
prove that a single disk was illegal."

<...>

"But the police case collapsed when it turned out that most of the
recordings were made legally. Police dropped six of the seven charges,
and Cohen went to trial on one charge. He beat it after the judge
concluded that the recording was legal."

<...>

"Indeed, the majority.s reasoning is chilling. The majority concedes that
no crime or illegal act was proven, but allows the confiscation anyway by
concluding that a crime might have been committed. The majority used
words such as .apparently,. .likely. and .would have. to describe the
alleged illegal activity."

<...>

"If the government can seize and keep a citizen.s property by simply
asserting that it is contraband, even when the assertion is unsupported
by the facts, then we have entered into dangerous territory."
necromancer - 24 Aug 2006 19:04 GMT
Ladies and Gentlemen (and I use those words loosely), Brent P said in
rec.autos.driving:
> "If the government can seize and keep a citizen.s property by simply
> asserting that it is contraband, even when the assertion is unsupported
> by the facts, then we have entered into dangerous territory."

<sarcasm> Great! </sarcasm>

Does that mean that the cops are going to demand that I open my CD
changer and then seize all the "mix," CD's I have in there? Yet another
reason why the USA is in dire need of another revolution.

Signature

N exus of
S tupid
A ssholes

Brent P - 24 Aug 2006 19:34 GMT
> Ladies and Gentlemen (and I use those words loosely), Brent P said in
> rec.autos.driving:
[quoted text clipped - 7 lines]
> changer and then seize all the "mix," CD's I have in there? Yet another
> reason why the USA is in dire need of another revolution.

They'll just take the car that is transporting them.
Alex - 24 Aug 2006 19:29 GMT
How do these judges get to the bench?  I hope he sues the PD for
destruction of his property.  I hope the rest of citizens in his town
are outraged by this type of behavior.
This just goes to demonstrate why you need to keep the police in deep
check.  
---------------------
Alex
 
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