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Eighth Circuit Upholds Warrantless Destruction of Property

The Eighth Circuit Court of appeals handed down a shocking opinion today.  In United States v. Santana-Aguirre, No. 07-3706 (8th Cir. August 12, 2008) (opinion), a 2-1 panel held that when you consent to a search, you also consent to the destruction of your property. In Santana-Aguirre, a police officer obtained consent to search a passenger's bag. While searching the bag, the officer saw two larges candles.  The candles appeared to be low quality.  Without obtaining the passenger's consent, and without obtaining a warrant, the officer destroyed the candles with his knife. Under earlier Eighth Circuit precedent, the candle's destruction may have been constitutional.  In United States v. Alverez, 235 F.3d 1086 (8th Cir...continue to full post

Full post as published by Crime & Federalism on August 12, 2008 (boomark / email).