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E.D.Pa.: Defendant has a protectable interest in property from a seizure even though the government contends it was stolen

By John Wesley Hall, Jr.

The fact that defendant was alleged to have stolen property did not diminish his Fourth Amendment interest in the property in the seizure. Langbord v. United States Dep't of the Treasury, 2009 U.S. Dist. LEXIS 66299 (E.D. Pa. July 28, 2009): The Government further argues that it was justified in taking the coins because "the law recognizes a distinction in Fourth Amendment analysis where the government recovers its own property." (Defs.' Opp'n Pls.' Mot. Summ. J. Due Process & Illegal Seizure at 18.) Courts have consistently rejected this type of argument. For example, the Eighth Circuit Court of Appeals has highlighted that "[a] seizure of property occurs when there is some meaningful interference with a person's possessory interests in that property," and that person's "right against unreasonable seizures is not vitiated" merely because the Government believes that it is the rightful owner of the property in question...continue to full post

Full post as published by Fourth Amendment on August 04, 2009 (boomark / email).