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N.D. Okla.: Claimant has a right to timely return of money seized without evidentiary value

By John Wesley Hall, Jr.

Plaintiff states a claim for failure to return money lawfully seized but without evidentiary value. Springer v. Horn, 2009 U.S. Dist. LEXIS 43072 n.2 (N.D. Okla. May 20, 2009): The Fourth Amendment guarantees the right of the people to be secure against unreasonable searches and seizures. Winters v. Board of County Commissioners, 4 F.3d 848, 853 (10th Cir. 1993), citing Soldal v. Cook County, Illinois, 506 U.S. 56, 61 (1992). A "seizure" of property occurs when there is some meaningful interference with an individual's possessory interests in that property." Winters, 4. F.3d at 853, citing Soldal, 506 U.S. at 61. The Tenth Circuit has held that a failure timely to return seized material which is without evidentiary value and which is not subject to forfeiture may state a constitutional or statutory claim...continue to full post

Full post as published by Fourth Amendment on May 24, 2009 (boomark / email).